Notice of intended conversion; time of delivery; content. 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 . 2013-122; s. 165, ch. 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. A multicondominium association must adopt a separate budget of common expenses for each condominium the association operates and must adopt a separate budget of common expenses for the association. Such shortage and the resulting lack of proper maintenance further erodes property values. Association property means that property, real and personal, which is owned or leased by, or is dedicated by a recorded plat to, the association for the use and benefit of its members. 67-229; s. 2, ch. The boards responsibility to provide advance notice of board and membership meetings. The division may adopt rules to administer and enforce this chapter. The association shall mail or hand deliver to each unit owner written notice at least 14 days before the membership meeting in which the vote to forego retrofitting of the required fire sprinkler system is to take place. Effective December 31, 2024, members of a unit-owner-controlled association may not vote to use reserve funds, or any interest accruing thereon, that are reserved for items listed in paragraph (g) for any other purpose other than their intended purpose. Please be sure to include your location. 80-3; s. 14, ch. Florida condominium law provides that any item that has a deferred maintenance expense or replacement cost of greater than $10,000 must have a reserve account. The civil penalty shall be at least $500 but no more than $5,000 for each violation. The review of a petition or action under this subparagraph is limited to the sufficiency of service on the board and the facial validity of the written agreement or ballots filed. This part may be cited as the Distressed Condominium Relief Act.. 26, 30, 32, ch. 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. 91-426; ss. (1) GENERALLY. State the name and address of the escrow agent required by s. 718.202 and state that the purchaser may obtain a receipt for his or her deposit from the escrow agent upon request. 80-3; s. 6, ch. A multicondominium association may elect, by a majority vote of the collective members of the condominiums operated by the association, to operate the condominiums as a single condominium for purposes of insurance matters, including, but not limited to, the purchase of the property insurance required by this section and the apportionment of deductibles and damages in excess of coverage. This subsection does not prohibit a provision in any declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein requiring the approval of unit owners in any condominium operated by the same association or requiring board approval before a material alteration or substantial addition to the common elements is permitted. Power of attorney; compliance with chapter. For the purposes of this section, the term common areas means stairwells and exposed, outdoor walkways and corridors, but does not include individual balconies. 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. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by the affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In a multicondominium association, the total common surplus owned by a unit owner consists of that owners share of the common surplus of the association plus that owners share of the common surplus of the condominium in which the owners unit is located, in the proportion or percentage set forth in the declaration as required by s. 718.104(4)(h) or s. 718.110(12), as applicable. 92-49; s. 34, ch. A local government may not adopt an ordinance or regulation that prohibits condominium unit owners or their guests, licensees, or invitees from pedestrian access to a public beach contiguous to a condominium property, except where necessary to protect public health, safety, or natural resources. 7, 30, 32, ch. Unconscionability of certain leases; rebuttable presumption. 86-175; s. 21, ch. 94-218; s. 2, ch. This subparagraph does not apply to an association governing a timeshare condominium. The holder of a lien that encumbers a unit at the time of recording a plan must, within 30 days after the written request from the termination trustee, deliver a statement to the termination trustee confirming the outstanding amount of any obligations of the unit owner secured by the lien. 78-328; s. 2, ch. 84-368; s. 19, ch. The association has a lien on each condominium parcel to secure the payment of assessments. Upon referral of a case to mediation, the parties must select a mutually acceptable mediator. 82-113; ss. There shall pass with a unit, as appurtenances thereto: An undivided share in the common elements and common surplus. 78-328; s. 8, ch. 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. 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. 1, 7, ch. Each condominium parcel shall be separately assessed for ad valorem taxes and special assessments as a single parcel. THE UNIT OWNERS FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN. If the termination is by court proceeding or subject to court supervision, the distribution may not be made until any period for the presentation of claims ordered by the court has elapsed. BE SENSITIVE. j. 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. Notice of any board meeting, the agenda, and any other document required for the meeting as required by s. 718.112(2)(c), which must be posted no later than the date required for notice under s. 718.112(2)(c). The declaration may provide that the rental, membership fees, operations, replacements, and other expenses are common expenses and may impose covenants and restrictions concerning their use and may contain other provisions not inconsistent with this chapter. 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. 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. The declaration as originally recorded or as amended under the procedures provided therein may include covenants and restrictions concerning the use, occupancy, and transfer of the units permitted by law with reference to real property. 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. All such notices shall be given within a 72-hour period. The replacement cost must be determined at least once every 36 months. 94-336; s. 7, ch. 2d 1291 (Fla. 2nd DCA 1984). 2004-353; s. 7, ch. If a developer-controlled association has maintained all insurance coverage required by s. A developer who owns condominium units, and who is offering the units for sale, may be excused from payment of assessments against those unsold units for the period of time the developer has guaranteed to all purchasers or other unit owners in the same condominium that assessments will not exceed a stated dollar amount and that the developer will pay any common expenses that exceed the guaranteed amount. 2011-196. Unless approval by a greater percentage of the voting interests of an existing multicondominium association is expressly required in the declaration of an existing condominium, the declaration may be amended upon approval of at least a majority of the total voting interests of each condominium operated by the multicondominium association for the purpose of: Setting forth in the declaration the formula currently utilized, but not previously stated in the declaration, for determining the percentage or fractional shares of liability for the common expenses of the multicondominium association and ownership of the common surplus of the multicondominium association. 2021-91; s. 7, ch. Stat., says that the board has the authority to levy special assessments without a membership vote, regardless of the declaration or other governing documents, if the assessment is in response to damage caused by an event for which a state of emergency is declared (this is clearly intended to relate to hurricane damage, but I can imagine situations where it would be relevant to the COVID emergency, as wellfor example covering a COVID-related shortfall in operating funds, or funding a continuing testing program in a very large HOA with many employees). As to each facility committed to be built, or which will be committed to be built upon the happening of one of the conditions in paragraph (b), a statement of whether it will be owned by the unit owners having the use thereof or by an association or other entity which will be controlled by them, or others, and the location in the exhibits of the lease or other document providing for use of those facilities. The failure to establish an escrow account or to place funds in an escrow account is prima facie evidence of an intentional and purposeful violation of this section. 80-323; s. 1, ch. Executed this day of , (year). A statement as to whether any of the condominiums in the multicondominium may include units intended to be used for nonresidential purposes and the purpose or purposes permitted for such use. 77-174; s. 8, ch. 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. 2002-27; s. 5, ch. Obligations of owners and occupants; remedies. Other provisions which are not inconsistent with this chapter or with the declaration, as may be desired. 2010-174; s. 8, ch. Unit owners may consider and adopt a substitute budget at the special meeting. 77-174; s. 2, ch. Any former unit owner whose unit was granted homestead exemption status by the applicable county property appraiser as of the date of the recording of the plan of termination shall be paid a relocation payment in an amount equal to 1 percent of the termination proceeds allocated to the owners former unit. 97-102; s. 14, ch. 79-314; s. 3, ch. 97-102; s. 4, 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. If the condominium is created by conversion of existing improvements, the following information shall be stated: A caveat that there are no express warranties unless they are stated in writing by the developer. 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. As a result of the inability to find purchasers for this inventory of units, which results in part from the devaluing of real estate in this state, developers are unable to satisfy the requirements of their lenders, leading to defaults on mortgages. Alternative dispute resolution; mediation; nonbinding arbitration; applicability. The notice must be in writing, in substantial conformity with the statute, and is required to be mailed by first class United States mail to the address of the owner on file with the association. Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and may be used only for authorized reserve expenditures unless their use for other purposes is approved in advance by a majority vote at a duly called meeting of the association. 96-396; s. 7, ch. If timeshare estates have been or may be created with respect to any unit in the condominium, the sales brochure shall contain the following statement in conspicuous type: UNITS IN THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES. 97-301; s. 9, ch. The amendment is effective when passed and approved and a certificate of amendment is executed and recorded as provided in subsections (2) and (3). 2, 3, ch. Immediately following this statement, the location in the disclosure materials of the contract for management of the condominium property shall be stated. There may be excluded from this estimate expenses which are not provided for or contemplated by the condominium documents, including, but not limited to, the costs of private telephone; maintenance of the interior of condominium units, which is not the obligation of the association; maid or janitorial services privately contracted for by the unit owners; utility bills billed directly to each unit owner for utility services to his or her unit; insurance premiums other than those incurred for policies obtained by the condominium; and similar personal expenses of the unit owner. 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. As to all other property which is conveyed with a unit, a warranty to the initial purchaser of each unit for a period of 1 year from the date of closing of the purchase or the date of possession, whichever occurs first. If you have continuously been a resident of these apartments during the last 180 days: a. l.Provide the signature of an officer or authorized agent of the association. Any director who willfully and knowingly fails to comply with these provisions. 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 authorized by this subsection if such property is the responsibility of the association pursuant to the declaration of condominium. If the tenant paid rent to the landlord or unit owner for a given rental period before receiving the demand from the association and provides written evidence to the association of having paid the rent within 14 days after receiving the demand, the tenant shall begin making rental payments to the association for the following rental period and shall continue making rental payments to the association to be credited against the monetary obligations of the unit owner until the association releases the tenant or the tenant discontinues tenancy in the unit. Timeshare estates; limitation on creation. Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Defects or omissions in the bylaws shall not affect the validity of the condominium or title to the condominium parcels. Homeowners are more likely to resist or be suspicious if they feel blind-sided by a special assessment. See Cottrell v. Thornton, 449 So. 2015-97; s. 8, ch. The unit owner installing, maintaining, or removing the electric vehicle charging station or natural gas fuel station is responsible for complying with all federal, state, or local laws and regulations applicable to such installation, maintenance, or removal. Upon approval, the association must notify the unit owner and, if applicable, the units occupant, licensee, or invitee by mail or hand delivery. 79-347; ss. 77-221; ss. The accounting records must include, but are not limited to: Accurate, itemized, and detailed records of all receipts and expenditures. 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. Condominium property divided into fee timeshare real property shall be assessed for purposes of ad valorem taxes and special assessments as provided in s. 192.037. s. 1, ch. 2012-61; s. 5, ch. (Yes)(No). Assets held by an association upon a valid condition requiring return, transfer, or conveyance, which condition has occurred or will occur, shall be returned, transferred, or conveyed in accordance with the condition. If there is no condominium property where notices can be posted, notices shall be mailed, delivered, or electronically transmitted to each unit owner at least 14 days before the meeting. 79-314; s. 3, ch. 2008-240. However, it is the public policy of this state that governmental entities, business organizations, and individuals not engage in SLAPP suits, because such actions are inconsistent with the right of condominium unit owners to participate in the states institutions of government. Each unit owner and the association are third-party beneficiaries of the report. Actions arising under this subsection are not considered actions for specific performance. 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. For those amendments requiring mortgagee consent on or after October 1, 2007, in the event mortgagee consent is provided other than by properly recorded joinder, such consent shall be evidenced by affidavit of the association recorded in the public records of the county where the declaration is recorded. If the addition or enlargement of facilities will result in a material increase of a unit owners maintenance expense or rental expense, if any, the maximum increase and limitations thereon shall be stated. 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. 2008-28; s. 8, ch. There is created an Office of the Condominium Ombudsman, to be located for administrative purposes within the Division of Florida Condominiums, Timeshares, and Mobile Homes. Based upon advice of emergency management officials or public health officials, or upon the advice of licensed professionals retained by or otherwise available to the board, determine whether the condominium property, association property, or any portion thereof can be safely inhabited, accessed, or occupied. Unless the lease is of a unit, the identification of the land shall be supplemented by a survey showing the relation of the leased land to the land included in the common elements. The funds collected for such special assessment may only be used for the specific purposes set forth in that notice. 2002-27; s. 5, ch. 84-368; s. 45, ch. Any developer who is subject to the provisions of this section is not subject to the provisions of s. 501.1375. This provision shall apply to all mortgages, regardless of the date of recordation of the mortgage. Notwithstanding the foregoing, contracts with employees of the association, and contracts for attorney, accountant, architect, community association manager, timeshare management firm, engineering, and landscape architect services are not subject to the provisions of this section. The association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. 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