Immediately following this statement, the location in the disclosure materials where such reserved rights are described shall be stated. Other appurtenances as may be provided in the declaration. 80-323; s. 1, ch. 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. g.Is there any open violation of rule or regulation noticed to the unit owner in the association official records? The decision to opt out is effective upon the date of recording of the notice in the public records by the association. 97-102; s. 2, ch. If the contract does not provide for the payment of any interest earned on the escrowed funds, interest shall be paid to the developer at the closing of the transaction. The person acquiring title shall pay the amount owed to the association within 30 days after transfer of title. After control of the association is obtained by unit owners other than the developer, the association may: Institute, maintain, settle, or appeal actions or hearings in its name on behalf of all unit owners concerning matters of common interest to most or all unit owners, including, but not limited to, the common elements; the roof and structural components of a building or other improvements; mechanical, electrical, and plumbing elements serving an improvement or a building; and representations of the developer pertaining to any existing or proposed commonly used facilities; Protest ad valorem taxes on commonly used facilities and on units; Defend actions pertaining to ad valorem taxation of commonly used facilities or units or in eminent domain actions; and. 84-368; s. 4, ch. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. 2000-302; s. 22, ch. The division shall provide, upon request, a list of such mediators to any association, unit owner, or other participant in alternative dispute resolution proceedings under s. 718.1255 requesting a copy of the list. s. 18, ch. The voting rights of the unit owners in the election of directors and in other multicondominium association affairs when a vote of the owners is taken, including, but not limited to, a statement as to whether each unit owner will have a right to personally cast his or her own vote in all matters voted upon. This subsection does not restrict the powers of the association to otherwise amend the declaration, or other documentation, but authorizes a simple process of amendment requiring a lesser vote for the purpose of curing defects, errors, or omissions when the property rights of unit owners are not materially or adversely affected. If any person, including any nonresident of this state, allegedly engages in conduct prohibited by this chapter, or any rule or order of the division, and has not filed a consent to service of process, and personal jurisdiction over him or her cannot otherwise be obtained in this state, the director shall be authorized to receive service of process in any noncriminal proceeding against that person or his or her successor which grows out of the conduct and which is brought by the division under this chapter or any rule or order of the division. 2002-27; s. 2, ch. 6, 13, ch. Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner. All such notices shall be given within a 72-hour period. An association may not refuse the request of a unit owner for a reasonable accommodation for the attachment on the mantel or frame of the door of the unit owner of a religious object not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep. A governmental entity, business organization, or individual in this state may not file or cause to be filed through its employees or agents any lawsuit, cause of action, claim, cross-claim, or counterclaim against a condominium unit owner without merit and solely because such condominium unit owner has exercised the right to instruct his or her representatives or the right to petition for redress of grievances before the various governmental entities of this state, as protected by the First Amendment to the United States Constitution and s. 5, Art. A unit owner who consents to receiving notices by electronic transmission is solely responsible for removing or bypassing filters that block receipt of mass e-mails sent to members on behalf of the association in the course of giving electronic notices. Estoppel certificates. 91-426; s. 1, ch. It is in the best interest of the state to provide for termination of the covenants of a declaration of condominium in certain circumstances in order to: Ensure the continued maintenance, management, and repair of stormwater management systems, conservation areas, and conservation easements. Until the developer has so filed, a contract for sale of a unit or lease of a unit for more than 5 years shall be voidable by the purchaser or lessee prior to the closing of his or her purchase or lease of a unit. In lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved condominium education provider within 1 year before or 90 days after the date of election or appointment. However, if a financial information report did not exist before the acquisition of title by the bulk assignee or bulk buyer, and if accounting records that permit preparation of the required financial information report for that period cannot be obtained despite good faith efforts by the bulk assignee or the bulk buyer, the bulk assignee or bulk buyer is excused from the requirement of this paragraph. (Signature of Authorized Agent)(Signature of Witness). 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. The training may, in the divisions discretion, include web-based electronic media and live training and seminars in various locations throughout the state. 2013-189. A rebuttable presumption of a conflict of interest exists if any of the following occurs without prior notice, as required in subsection (5): A director or an officer, or a relative of a director or an officer, enters into a contract for goods or services with the association. Subject to s. 718.112(2)(o), the association, through its board, has the limited power to convey a portion of the common elements to a condemning authority for the purposes of providing utility easements, right-of-way expansion, or other public purposes, whether negotiated or as a result of eminent domain proceedings. The termination of the condominium form of ownership is subject to the following conditions: The total voting interests of the condominium must include all voting interests for the purpose of considering a plan of termination. 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. Structural integrity reserve studies must be maintained for at least 15 years after the study is completed. Notwithstanding s. 718.116(9), and regardless of whether or not the declaration requires the association or unit owners to maintain, repair, or replace hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection, a unit owner who has previously installed hurricane shutters in accordance with s. 718.113(5) that comply with the current applicable building code shall receive a credit when the shutters are installed; a unit owner who has previously installed impact glass or code-compliant windows or doors that comply with the current applicable building code shall receive a credit when the impact glass or code-compliant windows or doors are installed; and a unit owner who has installed other types of code-compliant hurricane protection that comply with the current applicable building code shall receive a credit when the same type of other code-compliant hurricane protection is installed, and the credit shall be equal to the pro rata portion of the assessed installation cost assigned to each unit. Every escrow agent shall be independent of the developer, and no developer or any officer, director, affiliate, subsidiary, or employee of a developer may serve as escrow agent. In Cottrell, the board of the association specially assessed its unit owners $600 to remedy severe problems with the canal system, roadway system and pool. 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. In the absence of such a provision, the board of administration shall be composed of five members, unless the condominium has five or fewer units. The expense of installation, replacement, operation, repair, and maintenance of hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by the board pursuant to s. 718.113(5) constitutes a common expense and shall be collected as provided in this section if the association is responsible for the maintenance, repair, and replacement of the hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection pursuant to the declaration of condominium. 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 instruction given in writing by a unit owner or purchaser to an escrow agent may be relied upon by an escrow agent, whether or not such instruction and the payment of funds thereunder might constitute a waiver of any provision of this chapter. A copy of the inspector-prepared summary of the milestone inspection report as described in ss. Ensure your corporations experts and professional partners are at the meeting to answer questions and support the boards recommendation. The association shall prepare a question and answer sheet as described in s. 718.504, and shall update it annually. The notice shall contain the following statement, with the phrases of the following statement which appear in upper case printed in conspicuous type: (Tallahassee address and telephone number of division). Any person who knowingly or intentionally defaces or destroys such records, or who knowingly or intentionally fails to create or maintain such records, with the intent of causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). An association may not hire an attorney who represents the management company of the association. 77-174; s. 9, ch. 80-323; s. 1, ch. The term purchaser may be used interchangeably with the term buyer.. The division may establish and maintain branch offices. 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. All specifications adopted by the board must comply with the applicable building code. The developer shall distribute to tenants having a right of first refusal, if any: Information in summary form regarding mortgage financing; estimated down payment; alternative financing and down payments; monthly payments of principal, interest, and real estate taxes; and federal income tax benefits. Contracts for products and services; in writing; bids; exceptions. 7, 36, ch. 2004-353; s. 37, ch. Graphic descriptions of improvements constituting exhibits to a declaration, when accompanied by the certificate of a surveyor required by s. 718.104, may be recorded as a part of a declaration without approval of any public body or officer. 91-426; s. 3, ch. The unit owner who is installing an electric vehicle charging station or a natural gas fuel station is responsible for the costs of installation, operation, maintenance, and repair, including, but not limited to, hazard and liability insurance. However, if the proposed change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: Substantial rewording of declaration. The developer shall maintain separate records for each condominium or proposed condominium for which deposits are being accepted. 99-350; s. 46, ch. The right to reimbursement may not be waived or modified by any contract or agreement. Any house rules and regulations that have been promulgated. The unit owner may make the affirmative acknowledgment electronically or in writing. 5, 7, ch. Christopher J. Shields has been a Partner with Pavese Law Firm for over thirty years and is Board Certified by the Florida Bar in both Real Estate Law and Condominium and Planned Development Law. An estimated operating budget for the condominium and the association, and a schedule of the unit owners expenses shall be attached as an exhibit and shall contain the following information: The estimated monthly and annual expenses of the condominium and the association that are collected from unit owners by assessments. 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). Cable television service; residents right to access without extra charge. If the recall is approved by a majority of all voting interests by a vote at a meeting, the recall will be effective as provided in this paragraph. The HOA Act, Chapter 720, Fla. 2000-302; s. 8, ch. If a lien against two or more condominium parcels becomes effective, each owner may relieve his or her condominium parcel of the lien by exercising any of the rights of a property owner under chapter 713, or by payment of the proportionate amount attributable to his or her condominium parcel. Common expenses include the expenses of the operation, maintenance, repair, replacement, or protection of the common elements and association property, costs of carrying out the powers and duties of the association, and any other expense, whether or not included in the foregoing, designated as common expense by this chapter, the declaration, the documents creating the association, or the bylaws. All moneys collected by the division from fees, fines, or penalties or from costs awarded to the division by a court or administrative final order shall be paid into the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund. Copyright 2023 Wilson Blanchard Management, An Associa Company. However, the rule against perpetuities shall not defeat a right given any person or entity by the declaration for the purpose of allowing unit owners to retain reasonable control over the use, occupancy, and transfer of units. d.An itemized list of all assessments, special assessments, and other moneys owed on the date of issuance to the association by the unit owner for a specific unit is provided. An association may, upon the approval of a majority of the total voting interests in the association, opt out of the provisions of paragraph (j) for the allocation of repair or reconstruction expenses and allocate repair or reconstruction expenses in the manner provided in the declaration as originally recorded or as amended. 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. Unless otherwise expressed in the declaration of condominium, if a condominium is created within a condominium parcel, the term: Primary condominium means any condominium that is not a secondary condominium and contains one or more subdivided parcels. (Yes)(No). The association may require the unit owner to: Comply with bona fide safety requirements, consistent with applicable building codes or recognized safety standards, for the protection of persons and property. Unless the plan of termination expressly authorizes a unit owner or other person to retain the exclusive right to possess that portion of the real estate which formerly constituted the unit after termination or to use the common elements of the condominium after termination, all such rights in the unit and common elements automatically terminate on the effective date of termination. 120.569 and 120.57. 2003-14; s. 6, ch. While the Florida constitution prohibits laws from retroactively impairing substantive contractual rights, such as those that may be found in a declaration of covenants, the law also generally allows statutory restrictions that are deemed procedural in nature. You owe the interest accruing from (month/year) to the present. 2001-64; s. 15, ch. Only board service that occurs on or after July 1, 2018, may be used when calculating a board members term limit. Land means the surface of a legally described parcel of real property and includes, unless otherwise specified in the declaration and whether separate from or including such surface, airspace lying above and subterranean space lying below such surface. Each tenant, who for the 180 days preceding a notice of intended conversion has been a residential tenant of the existing improvements, shall have the right of first refusal to purchase the unit in which he or she resides on the date of the notice, under the following terms and conditions: Within 90 days following the written notice of the intended conversion, the developer shall deliver to the tenant the following purchase materials: an offer to sell stating the price and terms of purchase, the economic information required by s. 718.614, and the disclosure documents required by ss. The undersigned lienor, in consideration of the final payment in the amount of $, hereby waives and releases its lien and right to claim a lien for unpaid assessments through , (year), recorded in the Official Records Book at Page , of the public records of County, Florida, for the following described real property: UNIT NO. and must be eligible to be a candidate to serve on the board of directors at the time of the deadline for submitting a notice of intent to run in order to have his or her name listed as a proper candidate on the ballot or to serve on the board. However, if so defined in the declaration, the term land may mean all or any portion of the airspace or subterranean space between two legally identifiable elevations and may exclude the surface of a parcel of real property and may mean any combination of the foregoing, whether or not contiguous, or may mean a condominium unit. 6. Providing for the creation or enlargement of a multicondominium association by the merger or consolidation of two or more associations and changing the name of the association, as appropriate. However, the 90-day period shall be extended for any length of time during which the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the unit owner or by any other person claiming an interest in the parcel. Without unit owners approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient. 2008-240; s. 7, ch. The association is not obligated to pay for reconstruction or repairs of property losses as a common expense if the property losses were known or should have been known to a unit owner and were not reported to the association until after the insurance claim of the association for that property was settled or resolved with finality, or denied because it was untimely filed. The claim of lien secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest, administrative late fees, and all reasonable costs and attorney fees incurred by the association incident to the collection process. 90-151; s. 860, ch. (Yes)(No). 90-151; s. 1, ch. 2, 5, 7, ch. By recording a notice in substantially the following form, a unit owner or the unit owners agent or attorney may require the association to enforce a recorded claim of lien against his or her condominium parcel: A release of lien must be in substantially the following form: The association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. 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. Unless otherwise provided in the bylaws, a board member appointed or elected under this section shall fill the vacancy for the unexpired term of the seat being filled. Time limitation for classification as bulk assignee or bulk buyer. An association with total annual revenues of at least $300,000, but less than $500,000, shall prepare reviewed financial statements. Proof of such obligation must be provided to the unit owner or member 30 days before such suspension takes effect. 78-340; s. 32, ch. 2008-28; s. 8, ch. A present unit owners liability for unpaid assessments is limited to any unpaid assessments that accrued before the association acquired title to the delinquent property through foreclosure or by deed in lieu of foreclosure. s. 1, ch. Name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association. Proxy questions relating to waiving or reducing the funding of reserves or using existing reserve funds for purposes other than purposes for which the reserves were intended must contain the following statement in capitalized, bold letters in a font size larger than any other used on the face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. 90-151; s. 5, ch. Multicondominium means a real estate development containing two or more condominiums, all of which are operated by the same association. The reservation agreement form shall include the following: A statement of the obligation of the developer to file condominium documents with the division prior to entering into a binding purchase agreement or binding agreement for a lease of more than 5 years. 553.899 and 718.301(4)(p). 76-222; s. 4, ch. 2011-196; s. 4, ch. The Legislature finds that alternative dispute resolution has been making progress in reducing court dockets and trials and in offering a more efficient, cost-effective option to court litigation. 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. 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. An identification by letter, name, or number, or a combination thereof, of each unit within the land added to the condominium, to ensure that no unit in the condominium, including the additional land, will bear the same designation as any other unit. Failure of the survey to meet the standards of practice does not invalidate an otherwise validly created condominium. The developer shall pay the common expenses of a multicondominium association, including the funding of reserves as provided in the adopted annual budget of the association, which are allocated to units within a condominium affected by a guarantee and which exceed the regular periodic assessments against all other unit owners within that condominium. 84-368; s. 12, ch. Unit means a part of the condominium property which is subject to exclusive ownership. 79-314; s. 3, ch. (1) CORPORATE ENTITY. If the sum of money held by the clerk has not been paid to the developer or association as provided in paragraph (b) within 5 years after the date the declaration was originally recorded, the clerk may notify, in writing, the registered agent of the association that the sum is still available and the purpose for which it was deposited. Skip to Navigation | Skip to Main Content | Skip to Site Map. Upon a unit owners written request, the association must provide the unit owner with a username and password and access to the protected sections of the associations website or application which contain any notices, records, or documents that must be electronically provided. A receiver may not exercise voting rights of any unit owner whose unit is placed in receivership for the benefit of the association pursuant to this chapter. 2015-165. 77-174; s. 5, ch. Rental agreement means any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises. No tenant appears to have resided in the unit for 2 consecutive months without prior written notice to the association, and the association is unable to contact the owner or determine the whereabouts of the owner after reasonable inquiry. Assessments; liability; lien and priority; interest; collection. Unless otherwise provided in the bylaws, the members of the board shall serve without compensation. 2004-353; s. 7, ch. 98-322; s. 53, ch. After service, the association has 90 days in which to file an action to enforce the lien; and, if the action is not filed within the 90-day period, the lien is void. The contract must be for at least 2 years. As used in this paragraph, the term persons who control or disburse funds of the association includes, but is not limited to, those individuals authorized to sign checks on behalf of the association, and the president, secretary, and treasurer of the association. If more than one acquirer of condominium parcels in the same condominium receives an assignment of developer rights in addition to those rights described in s. 718.703(2), the bulk assignee is the acquirer whose instrument of assignment is recorded first in the public records of the county in which the condominium is located, and any subsequent purported bulk assignee may still qualify as a bulk buyer. This provision shall not prohibit adding additional land or personal property in accordance with the terms of the lease, provided there is no increase in rent or material increase in maintenance costs to the individual unit owner. A method of adopting and amending administrative rules and regulations governing the details of the operation and use of the common elements. s. 9, ch. When existing improvements are converted to ownership as a residential condominium: Each residential tenant who has resided in the existing improvements for at least the 180 days preceding the date of the written notice of intended conversion shall have the right to extend an expiring rental agreement upon the same terms for a period that will expire no later than 270 days after the date of the notice. 2013-122. 2022-269. Thereafter, the tenant shall have no additional right of first refusal. Such guarantee may be stated in the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of the unit owners other than the developer and may provide that, after the initial guarantee period, the developer may extend the guarantee for one or more stated periods. If there are any restrictions upon the sale, transfer, conveyance, or leasing of a unit, then a statement in conspicuous type in substantially the following form shall be included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR CONTROLLED. 2013-122; s. 24, ch. 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. 97-102; s. 50, ch. 2010-174; s. 10, ch. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee. The counties in which all such buildings are located. s. 38, ch. 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