Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. The election shall proceed as provided in s. 718.112(2)(d). 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. Immediately following this statement, the location in the disclosure materials where such reserved rights are described shall be stated. 88-90; s. 4, ch. Generally speaking, the power to specially-assess owners, as well as any restrictions on that power, comes down to each associations governing documents. If the condominium association is a residential association proposed for termination pursuant to this section and, at the time of recording the plan of termination, at least 80 percent of the total voting interests are owned by a bulk owner, the plan of termination is subject to the following conditions and limitations: If the former condominium units are offered for lease to the public after the termination, each unit owner in occupancy immediately before the date of recording of the plan of termination may lease his or her former unit and remain in possession of the unit for 12 months after the effective date of the termination on the same terms as similar unit types within the property are being offered to the public. 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. 76-222; s. 1, ch. 84-368; s. 6, ch. 77-221; s. 7, ch. A court may treble the damages awarded to a prevailing condominium unit owner and shall state the basis for the treble damages award in its judgment. The ombudsman shall appoint a division employee, a person or persons specializing in condominium election monitoring, or an attorney licensed to practice in this state as the election monitor. Audited financial statements if the association is required to prepare reviewed financial statements. Condominium Board Members: The Business Judgment Rule and Its Protections, Community Association Industry Legal Blog, Cedar Cove Efficiency Condominium Association, Inc. v. Cedar Cove Properties, Inc., 558 So. The date when the installation or construction of the existing component or structure was completed. Notice shall be by first-class mail addressed to each owner at the address of his or her unit or at his or her last known address. You owe the interest accruing from (month/year) to the present. 88-90; s. 83, ch. The provisions of this paragraph do not apply if the lessor is the Government of the United States or this state or any political subdivision thereof or any agency of any political subdivision thereof. Any action to compel compliance with the provisions of this section or of s. 718.301 may be brought pursuant to the summary procedure provided for in s. 51.011. 78-328; s. 8, ch. A unit owner may not be excused from payment of the unit owners share of common expenses unless all other unit owners are likewise proportionately excluded from payment, except as provided in subsection (1) and in the following cases: If authorized by the declaration, a developer who is offering units for sale may elect to be excused from payment of assessments against those unsold units for a stated period of time after the declaration is recorded. In the absence of an insurable event, the association or the unit owners shall be responsible for the reconstruction, repair, or replacement as determined by the maintenance provisions of the declaration or bylaws. Notice is deemed to have been delivered upon mailing as required by this subsection, provided that it is in substantially the following form: s. 1, ch. Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. Copyright 2000- 2023 State of Florida. The amount of the funding shall be the product of the estimated current replacement cost of the plumbing component, 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 plumbing in years or 36, and the denominator of which shall be 40. Schedule. A director or an officer, or a relative of a director or an officer, who is a party to, or has an interest in, an activity that is a possible conflict of interest, as described in subsection (1), may attend the meeting at which the activity is considered by the board and is authorized to make a presentation to the board regarding the activity. If the developer, or any other person other than the unit owners and other persons having use rights in the facilities, reserves, or is entitled to receive, any rent, fee, or other payment for the use of the facilities, then there shall be the following statement in conspicuous type: THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES. A unit owner may undertake reconstruction work on portions of the unit with the prior written consent of the board of administration. i. Pursuant to section 718.116(11), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord for all amounts timely paid to the association. Timeshare unit means a unit in which timeshare estates have been created. 97-102. 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. 2004-345; s. 49, ch. c.IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE DATE OF THIS NOTICE. The e-mail addresses and facsimile numbers are not accessible to unit owners if consent to receive notice by electronic transmission is not provided in accordance with sub-subparagraph (c)3.e. As used in this section, the term relative means a relative within the third degree of consanguinity by blood or marriage. 82-113; ss. 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. 718.111(11), approved in accordance with the condominium documents shall be set forth in a written notice of such assessment sent or delivered to each unit owner. An association may operate more than one condominium. 718.111 The association.. Depending on the governing documents and procedures, they can be collected annually, quarterly, or monthly. PLAN OF TERMINATION; REQUIRED PROVISIONS. The association has the power to purchase the condominium parcel at the foreclosure sale and to hold, lease, mortgage, or convey it. 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. If a conflict arises between the provisions or application of this section and s. 718.301, this section prevails. 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. The warranty shall inure to the benefit of each owner and successor owner. When a community with different sized units has an original declaration stating that all units will share equally in the common expenses, issues can arise. 82-199; s. 6, ch. . The division may prepare and disseminate a prospectus and other information to assist prospective owners, purchasers, lessees, and developers of residential condominiums in assessing the rights, privileges, and duties pertaining thereto. s. 1, ch. 63-129; s. 8, ch. Condominiums are created as authorized by statute and are subject to covenants that encumber the land and restrict the use of real property. 90-151; s. 15, ch. The prospectus or offering circular must contain the following information: The front cover or the first page must contain only: The following statements in conspicuous type: THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT. Pursuant to section 718.116(11), Florida Statutes, the association demands that you pay your rent directly to the condominium association and continue doing so until the association notifies you otherwise. 2015-175; s. 1, ch. 87-102; ss. 2002-27; s. 4, ch. A list of all executory contracts or documents to which the association is a party or under which the association or the unit owners have an obligation or responsibility and, after bidding for the related materials, equipment, or services has closed, a list of bids received by the association within the past year. 3. The association has a lien on each condominium parcel to secure the payment of assessments. The division may also temporarily revoke its acceptance of the filing for the developer to which the restitution relates until payment of restitution is made. If yes, have the members or the association exercised that right of first refusal? 3, 5, ch. 2009-21; s. 10, ch. Our office is available to advise you on how the legislative changes to Chapters 718, 719, and 720 of the Florida Statutes discussed herein might affect your specific associations collections operations. Suite 605, Cambridge, 2014-74; s. 2, ch. 2003-14; s. 20, ch. Conduct the affairs of the association as necessary for the liquidation or termination. Developer means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary course of business, but does not include: An owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own occupancy; A cooperative association that creates a condominium by conversion of an existing residential cooperative after control of the association has been transferred to the unit owners if, following the conversion, the unit owners are 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; A bulk assignee or bulk buyer as defined in s. A state, county, or municipal entity acting as a lessor and not otherwise named as a developer in the declaration of condominium. 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. Notwithstanding paragraphs (1)(f)-(i), during a state of emergency declared by executive order or proclamation of the Governor pursuant to s. 252.36, an association may not prohibit unit owners, tenants, guests, agents, or invitees of a unit owner from accessing the unit and the common elements and limited common elements appurtenant thereto for the purposes of ingress to and egress from the unit and when access is necessary in connection with: The sale, lease, or other transfer of title of a unit; or. 2014-19. Rules and regulations passed by the board typically do not need to be recorded in a condominium, and so would only be available from the board if they exist. Written notice of an annual meeting must include an agenda; be mailed, hand delivered, or electronically transmitted to each unit owner at least 14 days before the annual meeting; and be posted in a conspicuous place on the condominium property or association property at least 14 continuous days before the annual meeting. Provide fair treatment and just compensation for individuals and preserve property values and the local property tax base. Unless otherwise provided in the declaration as originally recorded, no amendment to the declaration may permit timeshare estates to be created in any unit of the condominium, unless the record owner of each unit of the condominium and the record owners of liens on each unit of the condominium join in the execution of the amendment. A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. M9B 6E5, Canada, 701 Main St W The regular periodic assessment levied against the unit is $ per (insert frequency of payment). 78-328; s. 8, ch. Unless the plan expressly provides otherwise, all leases, occupancy agreements, subleases, licenses, or other agreements for the use or occupancy of any unit or common elements of the condominium automatically terminate on the effective date of termination. s. 38, ch. All financial statements must be prepared in accordance with generally accepted accounting principles and must be audited in accordance with generally accepted auditing standards, as prescribed by the Florida Board of Accountancy, pursuant to chapter 473. Primary condominium declaration means the instrument or instruments by which a primary condominium is created, as they are from time to time amended. Is there a right of first refusal provided to the members or the association? If appointed, the receiver or conservator may take action to implement the court order to ensure the performance of the order and to remedy any breach thereof. If you have been a continuous resident of these apartments for the last 180 days and your lease expires during the next 180 days, you may extend your rental agreement for up to 270 days, or you may extend your rental agreement for up to 180 days and receive a cash payment at least equal to 1 months rent. 2010-176; s. 4, ch. Any rule adopted shall, in addition to other matters, include a requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members, which must include a hyperlink to the website where the notice is posted, to unit owners whose e-mail addresses are included in the associations official records. This notice must also be sent or delivered to each unit owner. A summary of the restrictions, if any, to be imposed on units concerning the use of any of the condominium property, including statements as to whether there are restrictions upon children and pets, and reference to the volumes and pages of the condominium documents where such restrictions are found, or if such restrictions are contained elsewhere, then a copy of the documents containing the restrictions shall be attached as an exhibit. As used in this subsection, the term governmental entity means the state, including the executive, legislative, and judicial branches of government; the independent establishments of the state, counties, municipalities, districts, authorities, boards, or commissions; or any agencies of these branches that are subject to chapter 286. 2021-99; s. 23, ch. The court, after an evidentiary hearing, may award all or part of the funds on deposit to the lessor for such purpose. Every such amendment shall comply with the provisions of s. 718.104(3). 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. 91-103; s. 1, ch. Except as to those matters described in subsection (4) or subsection (8), no declaration recorded after April 1, 1992, shall require that amendments be approved by more than four-fifths of the voting interests. Notice for meetings and notice for all other purposes must be mailed to each unit owner at the address last furnished to the association by the unit owner, or hand delivered to each unit owner. If a unit owner or lienor files a timely objection with the termination trustee, the trustee need not distribute the funds and property allocated to the respective unit owner or lienor until the trustee has had a reasonable time to determine the validity of the adverse claim. Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. 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. Notwithstanding this paragraph, the following records are not accessible to unit owners: Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege, including a record prepared by an association attorney or prepared at the attorneys express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings. 6. The financial report required by subsection (13) and any monthly income or expense statement to be considered at a meeting. Before or after the filing of the respondents answer to the petition, any party may request that the arbitrator refer the case to mediation under this section and any rules adopted by the division. 2002-27; s. 1, ch. Agreements for operation, maintenance, or management of condominiums; specific requirements. s. 8, ch. 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. Membership in the association designated in the declaration, with the full voting rights appertaining thereto. The minimum and maximum numbers and general size of units to be included in each phase. Employ directors, agents, attorneys, and other professionals to liquidate or conclude its affairs. Disclosure of condition shall be made for each of the following components that the existing improvements may include: Pavement and concrete, including roadways, walkways, and parking areas. This paragraph applies only when the developer has funded reserve accounts as provided by paragraph (a). Financial information required by s. 718.111. 2013-188; s. 1, ch. 2000-302; s. 19, ch. 624.460-624.488. s. 1, ch. Distribution shall be made as soon as is reasonably consistent with the beneficial liquidation of the assets. Relocate the associations principal office or designate alternative principal offices. Amendments to the Condominium Act (718.116(6) and 718.121(6), F.S.) Prevent covenants from impairing the continued productive use of the property. This subsection does not apply to any condominium created pursuant to part VI of this chapter until 5 years after the recording of the declaration of condominium, unless there is no objection to the plan of termination. The coverage must exclude all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. If there is any land that is offered by the developer for use by the unit owners and that is neither owned by them nor leased to them, the association, or any entity controlled by unit owners and other persons having the use rights to such land, a statement shall be made as to how such land will serve the condominium. 98-322; s. 74, 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. 26, 33, 34, ch. s. 18, ch. An officer or manager of the association, or other person providing notice of such meeting shall execute an affidavit evidencing compliance with this notice requirement, and such affidavit shall be filed among the official records of the association. Each filing of a proposed reservation program shall be accompanied by a filing fee of $250. Immediately following this statement, the location in the disclosure materials of the contract for management of the condominium property shall be stated. s. 1, ch. However, the bulk assignee is not required to deliver items and documents not in the possession of the bulk assignee if some items were or should have been in existence before the bulk assignees acquisition of the units. An officer, director, or agent shall be liable for monetary damages as provided in s. 617.0834 if such officer, director, or agent breached or failed to perform his or her duties and the breach of, or failure to perform, his or her duties constitutes a violation of criminal law as provided in s. 617.0834; constitutes a transaction from which the officer or director derived an improper personal benefit, either directly or indirectly; or constitutes recklessness or an act or omission that was in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 97-301; s. 2, ch. The unit owners of an association in termination may recall or remove members of the board of administration with or without cause at any time as provided in s. 718.112(2)(l). If an association fails to fill vacancies on the board of administration sufficient to constitute a quorum in accordance with the bylaws, any unit owner may give notice of his or her intent to apply to the circuit court within whose jurisdiction the condominium lies for the appointment of a receiver to manage the affairs of the association. However, upon completion of such specific purpose or purposes, any excess funds will be considered common surplus, and may, at the discretion of the board, either be returned to the unit owners or applied as a credit toward future assessments. The cost for supply and storage of the natural gas fuel must be paid by the unit owner installing the natural gas fuel station or by his or her successor. As to the roof and structural components of a building or other improvements and as to mechanical, electrical, and plumbing elements serving improvements or a building, except mechanical elements serving only one unit, a warranty for a period beginning with the completion of construction of each building or improvement and continuing for 3 years thereafter or 1 year after owners other than the developer obtain control of the association, whichever occurs last, but in no event more than 5 years. The estimated monthly and annual expenses of each unit owner for a unit, other than common expenses paid by all unit owners, payable by the unit owner to persons or entities other than the association, as well as to the association, including fees assessed pursuant to s. 718.113(1) for maintenance of limited common elements where such costs are shared only by those entitled to use the limited common element, and the total estimated monthly and annual expense. 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