A unit owner may undertake reconstruction work on portions of the unit with the prior written consent of the board of administration. 79-166; s. 13, ch. Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal. Assignment and assumption of developer rights by bulk assignee; bulk buyer. 91-429; s. 1, ch. Each filing of a proposed reservation program shall be accompanied by a filing fee of $250. The fair market value shall be determined as of a date that is no earlier than 90 days before the date that the plan of termination is recorded and shall be determined by an independent appraiser selected by the termination trustee. The responsibility of the bulk assignee for the audit required by s. 718.301(4) commences as of the date on which the bulk assignee elected or appointed a majority of the members of the board of administration. This paragraph does not apply to timeshare condominium associations, which shall be governed by s. 721.24. An amendment, other than amendments made by the developer pursuant to ss. Before a plan of termination is presented to the unit owners for consideration pursuant to this paragraph, the plan must include the following written disclosures in a sworn statement: The identity of any person or entity that owns or controls 25 percent or more of the units in the condominium and, if the units are owned by an artificial entity or entities, a disclosure of the natural person or persons who, directly or indirectly, manage or control the entity or entities and the natural person or persons who, directly or indirectly, own or control 10 percent or more of the artificial entity or entities that constitute the bulk owner. If no party intervenes to contest the proposed plan within 45 days after the filing of the petition, the petitioner may move the court to enter a final judgment to authorize implementation of the plan of termination. 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. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study. A director of the association who is present at a meeting of its board at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless he or she votes against such action or abstains from voting. Membership in the association designated in the declaration, with the full voting rights appertaining thereto. [1] https://www.flsenate.gov/Session/Bill/2021/56/BillText/er/PDF, 1833 Hendry Street The deductibles must be consistent with industry standards and prevailing practice for communities of similar size and age, and having similar construction and facilities in the locale where the condominium property is situated. 2, 3, ch. 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. 77-221; s. 8, ch. 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. Voting interests means the voting rights distributed to the association members pursuant to s. 718.104(4)(j). The right to file for a trial de novo entitles the parties to file a complaint in the appropriate trial court for a judicial resolution of the dispute. Upon completion of the specific purpose of the special assessment, any excess funds will be considered common surplus and may, at the discretion of the associations board, either be returned to the unit owners or applied as a credit toward future assessments. The association shall prepare a question and answer sheet as described in s. 718.504, and shall update it annually. Policies may include deductibles as determined by the board. Upon request of a candidate, an information sheet, no larger than 8. If the address on file does not match the unit or parcel address, then the association must also mail a copy to the unit or parcel address. Any member may make a motion to cancel the contract, but if no motion is made or if such motion fails to obtain the required majority at the next regular or special meeting, whichever occurs first, following the making of the contract, such contract shall be deemed ratified for the term therein expressed. Unless otherwise provided in the primary condominium declaration, the owners of condominium parcels in the primary condominium that will not be part of the proposed secondary condominium and the holders of liens upon such primary condominium parcels shall not have approval rights regarding the creation of the secondary condominium or the contents of the secondary condominium declaration being submitted. NOTICE OF INTENTTO RECORD A CLAIM OF LIEN. Executed this day of , (year). 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. 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. In the declaration of condominium for residential condominiums created after April 1, 1992, the ownership share of the common elements assigned to each residential unit shall be based either upon the total square footage of each residential unit in uniform relationship to the total square footage of each other residential unit in the condominium or on an equal fractional basis. If the rental agreement expires more than 180 days after the date of the notice, the tenant may not unilaterally extend the rental agreement. 2000-302; s. 19, ch. 91-426; s. 10, ch. Board members must be sensitive and recognize that a special assessment may cause more financial hardship on some than others. By a person who would be considered an insider under s. 726.102. Rental agreement means any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises. 2, 6, ch. 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. 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). At least 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election. The warranty provided for in this section is conditioned upon routine maintenance being performed, unless the maintenance is an obligation of the developer or a developer-controlled association. An estoppel certificate that is sent by regular mail has a 35-day effective period. Name(s) of the unit owner(s) as reflected in the books and records of the association: 4. 84-368; s. 5, ch. Following the recording of the declaration, a description of a condominium parcel by the number or other designation by which the unit is identified in the declaration, together with the recording data identifying the declaration, shall be a sufficient legal description for all purposes. If a contract or lease between a condominium unit owner or association and a developer contains a provision allowing attorneys fees to the developer, should any litigation arise under the provisions of the contract or lease, the court shall also allow reasonable attorneys fees to the unit owner or association when the unit owner or association prevails in any action by or against the unit owner or association with respect to the contract or lease. 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. If a complaint for a trial de novo has been filed, a petition may not be granted with respect to an arbitration award that has been stayed. On June 16, 2021, Governor DeSantis approved the final version of Senate Bill 56: Community Association Assessment Notices (SB 56). 2. 79-314; s. 9, ch. 120.569 and 120.57. Parking or garage space number, as reflected in the books and records of the association: 5. 2004-279; s. 12, ch. 79-314; s. 1, ch. 1, 7, ch. A tenants right of first refusal terminates upon: The termination of the rental agreement and all extensions thereof; Waiver of the right in writing by the tenant, if the waiver is executed subsequent to the date of the notice of intended conversion. Conspicuous type may be used in a contract for purchase and sale of a unit, a lease of a unit for more than 5 years, or a prospectus or offering circular only where required by law. The association shall provide each unit owner written notice of the vote to forego retrofitting of the required handrails or guardrails, or both, in at least 16-point bold type, by certified mail, within 20 days after the associations vote. A method of adopting and amending administrative rules and regulations governing the details of the operation and use of the common elements. The notice may be sent with or after the notice required by subsection (15). 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. This letter shall serve as the associations notice of intent to record a Claim of Lien against your property no sooner than 45 days after your receipt of this letter, unless you pay in full the amounts set forth below: Certified mail charges (dates)$. 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. 82-113; s. 4, ch. Upon approval, the association must notify the unit owner and, if applicable, the units occupant, licensee, or invitee by mail or hand delivery. A bulk assignee or a bulk buyer must comply with s. 718.302 regarding any contracts entered into by the association during the period the bulk assignee or bulk buyer maintains control of the board of administration. Occasionally, corporations need money in excess of the funds raised by regular condo fees to pay for unexpected costs. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018. 1, 5, ch. Copies of all described contracts shall be attached as exhibits. The contractor, and all subcontractors and suppliers, grant to the developer and to the purchaser of each unit implied warranties of fitness as to the work performed or materials supplied by them as follows: For a period of 3 years from the date of completion of construction of a building or improvement, a warranty as to the roof and structural components of the building or improvement and mechanical and plumbing elements serving a building or an improvement, except mechanical elements serving only one unit. The board may operate shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection installed pursuant to this subsection without permission of the unit owners only if such operation is necessary to preserve and protect the condominium property and association property. At the option of the court, such restitution is payable to the conservator or receiver appointed under subparagraph 4. or directly to the persons whose funds or assets were obtained in violation of this chapter. The filing of a petition for arbitration shall toll the applicable statute of limitations. Notwithstanding any limitation on transfer fees contained in s. 718.112(2)(k), an association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250, if, on the date the certificate is issued, no delinquent amounts are owed to the association for the applicable unit. Actions arising under this subsection are not considered actions for specific performance. All costs associated with the election monitoring process shall be paid by the association. After hearing the opinions of engineers, architects, and attorneys, the court concluded that the board properly used its business judgment in determining a special assessment was needed immediately. (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. If your rental agreement was not begun or was not extended or renewed after May 1, 1980, you may not cancel the rental agreement without the consent of the developer. The notice requirements of this subsection are satisfied if the unit owner records a notice of contest of lien as provided in subsection (5). Essentially, the new 30-day notice provides the unit or parcel owner with 30 days notice of a past due assessment before the association can turn the matter over to the associations attorney for further collection. Reservations shall not be taken on a proposed condominium unless the developer has an ownership, leasehold, or contractual interest in the land upon which the condominium is to be developed. 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. The proportion or percentage of, and the manner of sharing, common expenses and owning common surplus, which for a residential unit must be the same as the undivided share in the common elements. The developer shall establish the reserve account, as provided in this section, in the name of the association at a bank, savings and loan association, or trust company located in this state. 2008-240. 91-103; s. 5, ch. Effective December 31, 2024, the members of a unit-owner-controlled association may not determine to provide no reserves or less reserves than required by this subsection for items listed in paragraph (g). Limited proxies shall be used for votes taken to waive or reduce reserves in accordance with subparagraph (f)2.; for votes taken to waive the financial reporting requirements of s. 718.111(13); for votes taken to amend the declaration pursuant to s. 718.110; for votes taken to amend the articles of incorporation or bylaws pursuant to this section; and for any other matter for which this chapter requires or permits a vote of the unit owners. s. 18, ch. 77-174; s. 9, ch. A copy of all covenants and restrictions that will affect the use of the property and are not contained in the foregoing. 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. If a bulk assignee relinquishes control of the board of administration as set forth in s. 718.301, the bulk assignee must deliver all of those items required by s. 718.301(4). The respective interests of the units in the common elements specified in the declaration immediately before the termination. https://www.flsenate.gov/Session/Bill/2021/56/BillText/er/PDF. Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. A list of the names and addresses of all contractors, subcontractors, and suppliers utilized in the construction or remodeling of the improvements and in the landscaping of the condominium or association property which the developer had knowledge of at any time in the development of the condominium. The declaration shall set forth the circumstances under which such facilities will be added. 2004-345; s. 2, ch. 90-151; s. 9, ch. Condominium means that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements. 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. 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. Recreation lease or associated club membership: If any recreational facilities or other facilities offered by the developer and available to, or to be used by, unit owners are to be leased or have club membership associated, the following statement in conspicuous type shall be included: THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS CONDOMINIUM. Unit owners other than the developer are entitled to elect at least a majority of the members of the board of administration of an association, upon the first to occur of any of the following events: Three years after 50 percent of the units that will be operated ultimately by the association have been conveyed to purchasers; Three months after 90 percent of the units that will be operated ultimately by the association have been conveyed to purchasers; When all the units that will be operated ultimately by the association have been completed, some of them have been conveyed to purchasers, and none of the others are being offered for sale by the developer in the ordinary course of business; When some of the units have been conveyed to purchasers and none of the others are being constructed or offered for sale by the developer in the ordinary course of business; When the developer files a petition seeking protection in bankruptcy; When a receiver for the developer is appointed by a circuit court and is not discharged within 30 days after such appointment, unless the court determines within 30 days after appointment of the receiver that transfer of control would be detrimental to the association or its members; or. 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 Failure of the survey to meet the standards of practice does not invalidate an otherwise validly created condominium. There exists a need to develop a flexible means of alternative dispute resolution that directs disputes to the most efficient means of resolution. 2010-174; s. 10, ch. This subsection does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators. Such leases often contain numerous obligations on the part of either or both a condominium association and condominium unit owners with relatively few obligations on the part of the lessor. (a) The operation of the association shall be governed by the articles of incorporation if the association is incorporated, and the bylaws of the association, which shall be included as exhibits to the recorded declaration. 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. 2021-91; s. 3, ch. 2004-345; s. 6, ch. 84-368; s. 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. 2009-21; s. 59, ch. Upon the discovery of a scriveners error in the plan of termination, the termination trustee may record an amended plan or an amendment to the plan for the purpose of correcting the error, and the amended plan or amendment to the plan must be executed by the termination trustee in the same manner as required for the execution of a deed. Phone: (239) 334-2195 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. A member of the board of administration or a committee may submit in writing his or her agreement or disagreement with any action taken at a meeting that the member did not attend. Any amendment adopted without the required consent of a mortgagee shall be voidable only by a mortgagee who was entitled to notice and an opportunity to consent. Such deposit may be reduced to the extent the developer has funded the reserve account in excess of the minimum reserve account funding required by this subsection. The association is entitled to recover its reasonable attorneys fees incurred in either a lien foreclosure action or an action to recover a money judgment for unpaid assessments. Website designed byIntrigue. 2013-159; s. 3, ch. Committee Distribution shall be made as soon as is reasonably consistent with the beneficial liquidation of the assets. 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. Except as specifically otherwise provided herein, unit owners in a residential condominium may not vote by general proxy, but may vote by limited proxies substantially conforming to a limited proxy form adopted by the division. Before you sign a real estate contract, or if you have questions about a special assessment levied in your condo, contact the Law Office of Gary M . Immediately following this statement, the location in the disclosure materials where such reserved rights are described shall be stated. The division is authorized to adopt rules pursuant to the Administrative Procedure Act to administer and ensure compliance with developers obligations with respect to condominium conversions concerning the filing and noticing of intended conversion, rental agreement extensions, rights of first refusal, and disclosure and postpurchase protections. If the unit owner remains in possession of the unit after a foreclosure judgment has been entered, the court, in its discretion, may require the unit owner to pay a reasonable rental for the unit. Common surplus means the amount of all receipts or revenues, including assessments, rents, or profits, collected by a condominium association which exceeds common expenses. Multicondominiums; multicondominium associations. The provisions of paragraphs (1)(d) and (e) apply but are not required to be stated in the lease. Paragraphs (2)(b)-(f) and subsection (8) do not apply to nonresidential condominiums. General proxies may be used for other matters for which limited proxies are not required, and may be used in voting for nonsubstantive changes to items for which a limited proxy is required and given. 79-314; s. 7, ch. However, if the condominium constitutes a nonresidential condominium or commercial condominium, or a timeshare condominium created pursuant to chapter 721, the lease shall have an unexpired term of at least 30 years. All tangible personal property that is property of the association, which is represented by the developer to be part of the common elements or which is ostensibly part of the common elements, and an inventory of that property. 98-200; s. 62, ch. For the purposes of this section, the term high-rise building means a building that is greater than 75 feet in height where the building height is measured from the lowest level of fire department access to the floor of the highest occupiable level. 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