The ombudsman must be an attorney admitted to practice before the Florida Supreme Court and shall serve at the pleasure of the Governor. Section 718.110(4) does not apply to amendments to declarations necessary to effect a merger or consolidation. The division shall consider notice to a developer, bulk assignee, or bulk buyer to be complete when it is delivered to the address of the developer, bulk assignee, or bulk buyer currently on file with the division. The associations most recent structural integrity reserve study, if applicable. 2007-80; s. 6, ch. 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. 84-261; s. 217, ch. All affirmative acknowledgments made pursuant to s. 718.121(4)(c). 2013-122. Funds shall be released from escrow as follows: If a buyer properly terminates the contract pursuant to its terms or pursuant to this chapter, the funds shall be paid to the buyer together with any interest earned. Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner. 2018-96; s. 102, ch. If approved by a majority of the voting interests present at a properly called meeting of the association, an association may prepare: A report of cash receipts and expenditures in lieu of a compiled, reviewed, or audited financial statement; A report of cash receipts and expenditures or a compiled financial statement in lieu of a reviewed or audited financial statement; or. Such form shall be provided by the division summarizing governance of condominium associations. You must make your decision and inform the developer in writing within 45 days after the date of this notice. similarly require the cooperative to send a 45-day notice of intent to record a claim of lien. 84-368; s. 6, ch. In no event shall the local authority having jurisdiction require retrofitting of common areas with handrails and guardrails before the end of 2024. The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. Any notices required to be sent to the mortgagees under this paragraph shall be sent to all available addresses provided to the association. The board of administration shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing. 2007-173; s. 8, ch. 77-221; s. 7, ch. 5, 8, ch. Any such access is subject to reasonable restrictions adopted by the association. The association. The tenants landlord shall provide the tenant a credit against rents due to the landlord in the amount of moneys paid to the association. 92-49; s. 864, ch. The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting. No attorneys fees may be imposed on the unit or parcel owner for the cost to prepare the 30-day notice of late assessment. The notice of any unit owner meeting and the agenda for the meeting, as required by s. 718.112(2)(d)3., no later than 14 days before the meeting. The amount to be reserved for an item is determined by the associations most recent structural integrity reserve study that must be completed by December 31, 2024. Rent payable by the unit owner directly to the lessor or agent under any recreational lease or lease for the use of commonly used facilities, which use and payment is a mandatory condition of ownership and is not included in the common expense or assessments for common maintenance paid by the unit owners to the association. If the proposed condominium is situated within a municipality, the disclosure shall include a letter from the municipality acknowledging that the municipality has been notified of the proposed creation of a residential condominium by conversion of existing, previously occupied improvements and, in any county, as defined in s. 125.011(1), acknowledging compliance with applicable zoning requirements as determined by the municipality. For the purpose of any investigation under this chapter, the division director or any officer or employee designated by the division director may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. If any declaration requires a developer to convey additional lands or facilities to a multicondominium association and the developer fails to do so within the time specified, or within a reasonable time if none is specified in the declaration, any unit owner or the association may enforce that obligation against the developer or bring an action against the developer for specific performance or for damages that result from the developers failure or refusal to convey the additional lands or facilities. When a unit owner of a residential condominium files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days after receipt of the inquiry. An assignment of developer rights to a bulk assignee may be made by a developer, a previous bulk assignee, a mortgagee or assignee who has acquired title to the units and received an assignment of rights, or a court acting on behalf of the developer or the previous bulk assignee if such developer rights are held by the predecessor in title to the bulk assignee. 91-426; s. 54, ch. The division may impose a civil penalty against a developer, bulk assignee, or bulk buyer, or association, or its assignee or agent, for any violation of this chapter or related rule. 2008-240. Nothing contained herein is intended to limit the ability of an association to obtain needed products and services in an emergency. Common expenses means all expenses properly incurred by the association in the performance of its duties, including expenses specified in s. Common surplus means the amount of all receipts or revenues, including assessments, rents, or profits, collected by a condominium association which exceeds common expenses. All such notices shall be given within a 72-hour period. Timeshare estate means any interest in a unit under which the exclusive right of use, possession, or occupancy of the unit circulates among the various purchasers of a timeshare plan pursuant to chapter 721 on a recurring basis for a period of time. 2d 823 (Fla. 2nd DCA 1982), Cottrell v. Thornton, 449 So. Special assessments in condominium living are sometimes inevitable and, in some instances, can be a significant financial burden on unit owners. 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. If the division determines that the conditions required by this section have been met and that the plan complies with the procedural requirements of this section, the division shall authorize the termination, and the termination may proceed pursuant to this section. 97-102; s. 7, ch. An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owners tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. The developer may reserve the right to add additional common-element recreational facilities if the original declaration contains a description of each type of facility and its proposed location. 2014-133; s. 1, ch. This part of the statute requires that the specific purpose of a special assessment that has been approved in accordance with the condominium documents be set forth in a written notice of such assessment. If one association operates more than one condominium, it shall not be necessary to rerecord the same articles of incorporation and bylaws as exhibits to each declaration after the first, provided that in each case where the articles and bylaws are not so recorded, the declaration expressly incorporates them by reference as exhibits and identifies the book and page of the public records where the first declaration to which they were attached is recorded. 4, 7, ch. 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 Buyer means a person who purchases a condominium unit. Failure to pay the full amount when due shall entitle the association to record a claim of lien against the parcel and proceed in the same manner as provided in this section for the collection of unpaid assessments. Residential condominium means a condominium consisting of two or more units, any of which are intended for use as a private temporary or permanent residence, except that a condominium is not a residential condominium if the use for which the units are intended is primarily commercial or industrial and not more than three units are intended to be used for private residence, and are intended to be used as housing for maintenance, managerial, janitorial, or other operational staff of the condominium. Unless otherwise provided in the plan of termination, at any time before the sale of the condominium property, a plan may be withdrawn or modified by the affirmative vote or written agreement of at least the same percentage of voting interests in the condominium as that which was required for the initial approval of the plan. 77-221; s. 7, ch. 2015-175; s. 1, ch. The provisions of this subsection shall not apply to timeshare condominium associations. Notwithstanding any other provision of this part, a bulk assignee or a bulk buyer is not required to comply with the filing or disclosure requirements of subsections (1) and (2) if all of the units owned by the bulk assignee or bulk buyer are offered and conveyed to a single purchaser in a single transaction. Amendment of declaration; correction of error or omission in declaration by circuit court. Condominium associations may not expend association funds in prosecuting a SLAPP suit against a condominium unit owner. Proposals to amend existing bylaws shall contain the full text of the bylaws to be amended; new words shall be inserted in the text underlined, and words to be deleted shall be lined through with hyphens. 2007-173. 2022-269. 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. 2014-146; s. 4, ch. 86-175; s. 2, ch. Every condominium created and existing in this state shall be subject to the provisions of this chapter. 2008-28; s. 2, ch. i. 2008-202. 83.59-83.625 as if the association were a landlord under part II of chapter 83 if the tenant fails to pay a required payment to the association after written demand has been made to the tenant. The name and address of the escrow agent. 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. See Cottrell v. Thornton, 449 So. 2008-28; s. 15, ch. A condominium parcel created by the declaration is a separate parcel of real property, even though the condominium is created on a leasehold. Any developer who willfully fails to comply with the provisions of this section concerning establishment of an escrow account, deposits of funds into escrow, and withdrawal of funds from escrow is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, or the successor thereof. 2001-64; s. 9, ch. 97-102; s. 14, ch. 77-174; s. 8, ch. The lien is not effective 1 year after the claim of lien was recorded unless, within that time, an action to enforce the lien is commenced. 85-60; s. 13, ch. Conversion of existing improvements to condominium; rental agreements. Nothing contained herein shall excuse a party contracting to provide maintenance or management services from compliance with s. 718.3025. s. 13, ch. If so, where? ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. How Long Does a Florida HOA or Condominium Association have to foreclose on a HOA/COA Lien? 2017-188; s. 7, ch. An association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment to the unit owner which specifies the amount owed the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees. If timeshare estates will or may be created with respect to any unit in the condominium, a statement in conspicuous type declaring that timeshare estates will or may be created with respect to units in the condominium. All suspensions imposed pursuant to subsection (4) or subsection (5) must be approved at a properly noticed board meeting. A statement in conspicuous type describing whether the condominium is created and being sold as fee simple interests or as leasehold interests. Able to store and keep electronic votes accessible to election officials for recount, inspection, and review purposes. A summary proceeding pursuant to s. 51.011 may be brought to compel compliance with this subsection, and in any such action the prevailing party is entitled to recover reasonable attorney fees. 93-190; s. 3, ch. The arrangements for management of the association and maintenance and operation of the condominium property and of other property that will serve the unit owners of the condominium property, and a description of the management contract and all other contracts for these purposes having a term in excess of 1 year, including the following: The compensation, stated on a monthly and annual basis, and provisions for increases in the compensation. Section 718.112 (2) (c)1, Florida Statutes, provides (in material part) The articles of incorporation creating the association. The notice and hearing requirements under subsection (3) do not apply to suspensions imposed under this subsection. j. The Legislature declares that it is the public policy of this state to protect the interests of developers, lenders, unit owners, and condominium associations with regard to distressed condominiums, and that there is a need for relief from certain provisions of the Florida Condominium Act geared toward enabling economic opportunities for successor purchasers, including foreclosing mortgagees. However, such work may be conditioned upon the approval of the repair methods, the qualifications of the proposed contractor, or the contract that is used for that purpose. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying but may not require a member to demonstrate any purpose or state any reason for the inspection. The official records specified in subparagraphs (a)1.-6. must be permanently maintained from the inception of the association. Completion of a building or improvement means issuance of a certificate of occupancy, whether temporary or otherwise, that allows for occupancy or use of the entire building or improvement, or an equivalent authorization issued by the governmental body having jurisdiction. A tenant who waives the right of first refusal waives the right to receive the purchase materials; or. Summary: The next page must contain all statements required to be in conspicuous type in the prospectus or offering circular. All common elements, common areas, and recreational facilities serving any condominium shall be available to unit owners in the condominium or condominiums served thereby and their invited guests for the use intended for such common elements, common areas, and recreational facilities, subject to the provisions of s. 718.106(4). Assessments; liability; lien and priority; interest; collection. An officer, director, or manager may not solicit, offer to accept, or accept any thing or service of value or kickback for which consideration has not been provided for his or her own benefit or that of his or her immediate family, from any person providing or proposing to provide goods or services to the association. Whether or not timeshare estates will or may be created with respect to units in any phase and, if so, the degree, quantity, nature, and extent of such estates, specifying the minimum duration of the recurring periods of rights of use, possession, or occupancy that may be established with respect to any unit. If rent under the lease is a fixed amount for the full duration of the lease, and the rent thereunder is payable by a person or persons other than the association or the unit owners, the division director has the discretion to accept alternative assurances which are sufficient to secure the payment of rent, including, but not limited to, annuities with an insurance company authorized to do business in this state, the beneficiary of which shall be the association, or cash deposits in trust, the beneficiary of which shall be the association, which deposit shall be in an amount sufficient to generate interest sufficient to meet lease payments as they occur. 77-174; s. 2, ch. An amendment to the declaration of condominium which adds land to the condominium shall be recorded in the public records of the county where the land is located and shall be executed and acknowledged in compliance with the same requirements as for a deed. If provided in the declaration, the developer may make nonmaterial changes in the legal description of a phase. Limited proxies and general proxies may be used to establish a quorum. 2011-196; s. 36, ch. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property. After determining that all known debts and liabilities of an association in the process of termination have been paid or adequately provided for, the termination trustee shall distribute the remaining assets pursuant to the plan of termination. The notice may be given by any unit owner if the association fails to do so. 79-314; s. 1, ch. Labor performed on or materials furnished to a unit may not be the basis for the filing of a lien under part I of chapter 713, the Construction Lien Law, against the unit or condominium parcel of any unit owner not expressly consenting to or requesting the labor or materials. 78-328; s. 8, ch. 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. Unless otherwise provided in the primary condominium declaration, the board of administration of the primary condominium association may adopt hurricane shutter or hurricane protection specifications for each building within which subdivided parcels are located and govern any subdivided parcels in the primary condominium. The provisions of this section 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. The interests of the respective unit owners in any proceeds from the sale of the condominium property. Recreational and other commonly used facilities or amenities which the developer has committed to provide that will be owned, leased by, or dedicated by a recorded plat to the association but which are not included within any condominium operated by the association. Secondary condominium means one or more condominium parcels that have been submitted to condominium ownership pursuant to a secondary condominium declaration. Any payment received by an association must be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. The minimum and maximum numbers and general size of units to be included in each phase. The association uses an online voting system that is: Able to authenticate the unit owners identity. 2008-28; s. 1, ch. 2011-196; s. 4, ch. 84-368; s. 45, ch. s. 8, ch. Accordingly, no funds which are receivable from unit purchasers or unit owners and payable to the association, including capital contributions or startup funds collected from unit purchasers at closing, may be used for payment of such common expenses. 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. An association, or its successor or assignee, that acquires title to a unit through the foreclosure of its lien for assessments is not liable for any unpaid assessments, late fees, interest, or reasonable attorneys fees and costs that came due before the associations acquisition of title in favor of any other association, as defined in s. The person acquiring title shall pay the amount owed to the association within 30 days after transfer of title. Dues can go up when the condo board creates a new budget. THE UNIT OWNERS FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN. BUYERS RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING. A statement as to whether the developer assures that the purchase price represented in or pursuant to the reservation agreement will be the price in the contract for purchase and sale or that the price represented may be exceeded within a stated amount or percentage or that no assurance is given as to the price in the contract for purchase or sale. 97-102; s. 7, ch. Lienholders shall be given notice of the petition and have the right to propose persons for the consideration by the court as receiver. 91-426; s. 3, ch. An association controlled by unit owners operating as a residential condominium shall use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium property that must be insured by the association pursuant to this subsection. 2018-96; s. 11, ch. 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. Personally Known OR Produced as identification. Notwithstanding the provisions of this section or the governing documents of a condominium or a multicondominium association, the board of administration may, without any requirement for approval of the unit owners, install upon or within the common elements or association property solar collectors, clotheslines, or other energy-efficient devices based on renewable resources for the benefit of the unit owners. An association may not hire an attorney who represents the management company of the association. If, pursuant to the plan of termination, condominium property or real property owned by the association is to be sold following termination, the plan must provide for the sale and may establish any minimum sale terms. The estimated amounts shall be stated for a period of at least 12 months and may distinguish between the period prior to the time unit owners other than the developer elect a majority of the board of administration and the period after that date. All phases must be added to the condominium within 7 years after the date of the recording of the certificate of a surveyor and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first, unless the unit owners vote to approve an amendment extending the 7-year period pursuant to paragraph (b). Liens that encumber a unit shall, unless otherwise provided in the plan of termination, be transferred to the proceeds of sale of the condominium property and the proceeds of sale or other distribution of association property, common surplus, or other association assets attributable to such unit in their same priority. Declaration or declaration of condominium means the instrument or instruments by which a condominium is created, as they are from time to time amended. The secondary condominium association shall designate a representative who shall cast the vote of the subdivided parcel in the primary condominium association and, if no person is designated by the secondary condominium association to cast such vote, the vote shall be cast by the president of the secondary condominium association or the designee of the president. s. 7, ch. It is the intent of the Legislature that the provisions of Title VI of Pub. 2013-189. 2000-302; s. 21, ch. 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. 2013-188; s. 283, ch. 2022-269. 76-222; s. 4, ch. Adequate notice of all board meetings, which must specifically identify all agenda items, must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency. This section does not apply if the owner in fee of any land enters into and records a covenant that existing improvements or improvements to be constructed shall not be converted to the condominium form of residential ownership prior to 5 years after the later of the date of the covenant or completion date of the improvements. 84-368; s. 12, ch. s. 1, ch. If, during the period prior to the time that the developer relinquishes control of the association pursuant to subsection (4), any provision of the Condominium Act or any rule promulgated thereunder is violated by the association, the developer is responsible for such violation and is subject to the administrative action provided in this chapter for such violation or violations and is liable for such violation or violations to third parties. For purposes of this subsection, the term actual costs includes, but is not limited to, expenditures for demolition, site clearing, permit fees, impact fees, and utility reservation fees, as well as architectural, engineering, and surveying fees that directly relate to construction and development of the condominium property. Suite 605, Cambridge, 88-90; s. 4, ch. If unit owners other than the developer own 15 percent or more of the units in a condominium that will be operated ultimately by an association, the unit owners other than the developer are entitled to elect at least one-third of the members of the board of administration of the association. The association or its authorized agent may charge a reasonable fee to the prospective purchaser, lienholder, or the current unit owner for providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder, other than that required by law, if the fee does not exceed $150 plus the reasonable cost of photocopying and any attorneys fees incurred by the association in connection with the response. All audits, reviews, accounting statements, structural integrity reserve studies, and financial reports of the association or condominium. The ombudsman may establish branch offices elsewhere in the state upon the concurrence of the Governor. 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