The division shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the legislative appropriations committees an annual report that includes, but need not be limited to, the number of training programs provided for condominium association board members and unit owners, the number of complaints received by type, the number and percent of complaints acknowledged in writing within 30 days and the number and percent of investigations acted upon within 90 days in accordance with paragraph (m), and the number of investigations exceeding the 90-day requirement. A director or an officer, or a relative of a director or an officer, holds an interest in a corporation, limited liability corporation, partnership, limited liability partnership, or other business entity that conducts business with the association or proposes to enter into a contract or other transaction with the association. However, the fine may not exceed $100 per violation, or $1,000 in the aggregate. Sales or reservation deposits prior to closing. s. 5, ch. 2005-2; s. 7, ch. No provision of the declaration shall be revised or amended by reference to its title or number only. similarly require the cooperative to send a 45-day notice of intent to record a claim of lien. 94-218; s. 2, ch. Any declaration of servitude of properties serving the condominium but not owned by unit owners or leased to them or the association. 2010-176; s. 4, ch. 2008-191; s. 89, ch. 2002-27; s. 24, ch. 2014-74; s. 9, ch. The special powers authorized under subsection (1) shall be limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the unit owners and the unit owners family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage, injury, or contagion and make emergency repairs. For purposes of this subsection, the term successor or assignee as used with respect to a first mortgagee includes only a subsequent holder of the first mortgage. 6, 30, 32, ch. Such vote may be approved by the voting interests without regard to any mortgagee consent requirements. 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. 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. The declaration must contain or provide for the following matters: A statement submitting the property to condominium ownership. s. 1, ch. 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. It is the intent of this paragraph to clarify existing law. If the developer is required by state or local authorities to obtain acceptance or approval of any dock or marina facilities intended to serve the condominium, a copy of any such acceptance or approval acquired by the time of filing with the division under s. 718.502(1) or a statement that such acceptance or approval has not been acquired or received. Each units percentage of ownership in the common elements as each phase is added. Unit owner or owner of a unit means a record owner of legal title to a condominium parcel. Approval of the contract or other transaction requires an affirmative vote of two-thirds of all other directors present. Prohibition of discrimination against nonpurchasing tenants. Each holder of a recorded mortgage lien affecting a unit or timeshare estate at the address appearing on the recorded mortgage or any recorded assignment thereof. An association that fails to comply with the divisions request may not waive the financial reporting requirement provided in paragraph (d) for the fiscal year in which the unit owners request was made and the following fiscal year. In addition to all other means provided by law for the enforcement of an injunction or temporary restraining order, the circuit court may impound or sequester the property of a party defendant, including books, papers, documents, and related records, and allow the examination and use of the property by the division and a court-appointed receiver or conservator. The prospectus or offering circular must contain the following information: The front cover or the first page must contain only: The following statements in conspicuous type: THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT. The 1-year period is automatically extended for any length of time during which the association is prevented from filing a foreclosure action by an automatic stay resulting from a bankruptcy petition filed by the parcel owner or any other person claiming an interest in the parcel. 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. To encourage and facilitate voluntary meetings with and between unit owners, boards of directors, board members, community association managers, and other affected parties when the meetings may assist in resolving a dispute within a community association before a person submits a dispute for a formal or administrative remedy. 2. The association may adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance. 80-323; s. 5, ch. 2021-99. (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. A copy of the associations most recent structural integrity reserve study. 84-368; s. 14, 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. An action to void an amendment shall be subject to the statute of limitations beginning 5 years after the date of discovery as to the amendments described in subparagraphs (a)1. and 2. and 5 years after the date of recordation of the certificate of amendment for all other amendments. To act as liaison between the division, unit owners, boards of directors, board members, community association managers, and other affected parties. If the maximum number of units will vary, a description of the basis for variation and the minimum amount of dollars per unit to be spent for additional recreational facilities or enlargement of such facilities. (24) "Special assessment" means any assessment levied against a unit owner other than the assessment required by a budget adopted annually. h.Do the rules and regulations of the association applicable to the unit require approval by the board of directors of the association for the transfer of the unit? A description of the recreational and other facilities that will be used in common with other condominiums, community associations, or planned developments which require the payment of the maintenance and expenses of such facilities, directly or indirectly, by the unit owners. Immediately following the applicable statement, the location in the disclosure materials where the development is described in detail shall be stated. The ombudsman shall have the powers that are necessary to carry out the duties of his or her office, including the following specific powers: To have access to and use of all files and records of the division. 92-49; s. 1, ch. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property or association property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal. When reporting its action to the complainant, the division shall inform the complainant of any right to a hearing under ss. 90-151; s. 866, ch. f.Is there a capital contribution fee, resale fee, transfer fee, or other fee due? Within 75 days after the unit owners other than the developer are entitled to elect a member or members of the board of administration of an association, the association shall call, and give not less than 60 days notice of an election for the members of the board of administration. Bylaws. The liability of the tenant may not exceed the amount due from the tenant to the tenants landlord. A director or an officer who is a party to, or has an interest in, the activity must recuse himself or herself from the vote. 78-340; ss. A method to confirm, at least 14 days before the voting deadline, that the unit owners electronic device can successfully communicate with the online voting system. . Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord pursuant to chapter 83. The undivided share in the common elements appurtenant to each unit in the condominium, stated as a percentage or fraction which, in the aggregate, must equal the whole and must be determined in conformance with the manner of allocation set forth in the original declaration of condominium. Committee means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the proposed annual budget or to take action on behalf of the board. To the degree that the warranty program does not meet the minimum requirements of this chapter, such requirements shall apply. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. An arbitration decision is final in those disputes in which the parties have agreed to be bound. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018. If you do not receive this information within 90 days, your rental agreement and any extension will be extended 1 day for each day over 90 days until you are given the purchase information. If you have been a continuous resident of these apartments for the last 180 days and your lease expires during the next 180 days, you may extend your rental agreement for up to 270 days, or you may extend your rental agreement for up to 180 days and receive a cash payment at least equal to 1 months rent. The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the unit owner meeting to recall one or more board members. 91-103; ss. 2018-96; s. 15, ch. 77-174; s. 2, ch. From the inception of the association, the association shall maintain each of the following items, if applicable, which constitutes the official records of the association: A copy of the plans, permits, warranties, and other items provided by the developer under s. 718.301(4). All common expenses due to the primary condominium association with respect to a subdivided parcel are a common expense of the secondary condominium association and shall be collected by the secondary condominium association from its members and paid to the primary condominium association. Maintenance of the common elements is the responsibility of the association. A vote to forego retrofitting may not be obtained by general proxy or limited proxy, but shall be obtained by a vote personally cast at a duly called membership meeting, or by execution of a written consent by the member, and shall be effective upon the recording of a certificate attesting to such vote in the public records of the county where the condominium is located. An assignment of developer rights to a bulk assignee or bulk buyer does not release the original developer from liabilities under the declaration or this chapter. 2015-165. Once registered, the primary condominium association must provide written notice to such secondary unit owner and his, her, or its first mortgagee at least 30 days before instituting any foreclosure action against the subdivided parcel in which the secondary unit owner and his, her, or its first mortgagee hold an interest for failure of the subdivided parcel owner to pay any assessments or other amounts due to the primary condominium association. 2021-99; s. 22, ch. The board shall adopt the annual budget at least 14 days before the start of the associations fiscal year. 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. Failure to include the allegations or proof of compliance with these prerequisites requires dismissal of the petition without prejudice. 79-314; ss. 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. 81-185; s. 9, ch. 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. However, the association is not liable for an inadvertent disclosure of the e-mail address or facsimile number for receiving electronic transmission of notices. The warranty shall inure to the benefit of each owner and successor owner. If, however, the first mortgage was recorded on or after April 1, 1992, or on the date the mortgage was recorded, the declaration included language incorporating by reference future amendments to this chapter, the provisions of paragraph (b) shall apply. 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. For the purposes of this section, an escalation clause is any clause in a condominium management contract which provides that the fee under the contract shall increase at the same percentage rate as any nationally recognized and conveniently available commodity or consumer price index. For purposes of this subsection, the term successor or assignee as used with respect to a first mortgagee includes only a subsequent holder of the first mortgage. If you have continuously been a resident of these apartments during the last 180 days: a. 98-322; s. 61, ch. A unit owner shall not do anything within his or her unit or on the common elements which would adversely affect the safety or soundness of the common elements or any portion of the association property or condominium property which is to be maintained by the association. The factual circumstances that show that the plan complies with the requirements of this section and that the plan supports the expressed public policies of this section. Before turnover of control of an association by a developer to unit owners other than a developer under s. 718.301, the developer-controlled association may not vote to waive the reserves or reduce funding of the reserves. Secondary condominium declaration means the instrument or instruments by which a secondary condominium is created, as they are from time to time amended. Agreements for operation, maintenance, or management of condominiums; specific requirements. The funds collected for such special assessment may only be used for the specific purposes set forth in that notice. Such relocation payment shall be in addition to the termination proceeds for such owners former unit and shall be paid no later than 10 days after the former unit owner vacates his or her former unit. A clause which states: THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYERS INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. The unit owner may make the affirmative acknowledgment electronically or in writing. If the lessor, in violation of this subsection, attempts such liens or foreclosures, then the lessor may be liable for damages plus attorneys fees and costs that the association or unit owners incurred in satisfying those liens or foreclosures. However, if broadcast notice is used in lieu of a notice posted physically on the condominium property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section. Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, shall be fair and reasonable. The declaration, articles and bylaws are almost always recorded in the public records of the county where the community is located (although I have seen very old communities where the articles and bylaws were not recorded, just the declaration). Before changing the method of delivery for an invoice for assessments or the statement of the account, the association must deliver a written notice of such change to each unit owner. Any person initially certified as a paid mediator by the division must, in order to continue to be certified, comply with the factors or requirements adopted by rule. An easement in airspace which is vacated shall be terminated automatically. 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. 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. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. 2014-74; s. 3, ch. 87-102; s. 16, ch. Amendments to the declaration, articles of incorporation, or bylaws that adversely affect the priority of the mortgagees lien or the mortgagees rights to foreclose its lien or that otherwise materially affect the rights and interests of the mortgagees. All other contracts to which the association is a party. Within 30 days after the associations opt-out vote, notice of the results of the opt-out vote must be mailed or hand delivered to all unit owners. A certificate of a surveyor and mapper authorized to practice in this state shall be included in or attached to the declaration or the survey or graphic description as recorded under s. 718.105 that the construction of the improvements is substantially complete so that the material, together with the provisions of the declaration describing the condominium property, is an accurate representation of the location and dimensions of the improvements and so that the identification, location, and dimensions of the common elements and of each unit can be determined from these materials. Also, if there's something in Chapter 720, what takes precedence, our covenants or Chapter 720? Any grant or reservation made by a declaration, lease, or other document, or any contract made by the developer or association prior to the time when unit owners other than the developer elect a majority of the board of administration, which grant, reservation, or contract requires the association to purchase condominium property or to lease condominium property to another party, shall be deemed ratified unless rejected by a majority of the voting interests of unit owners other than the developer within 18 months after unit owners other than the developer elect a majority of the board of administration. 2022-183. If a declaration as originally recorded or as amended under the procedures provided therein does not specify a procedure for approving such an alteration or addition, the approval of 75 percent of the total voting interests of each affected condominium is required before the material alterations or substantial additions are commenced. 81-172; ss. 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