Certain unit owners filed suit to attempt to stop the passing of the special assessment for this work. 2001-64; s. 34, ch. We encourage our readers to refer to the 2021 Legislative Updates posted elsewhere on our website to familiarize themselves with some of the amendments to the statutes. 85-60; s. 19, ch. If an association receives a request for an estoppel certificate from a unit owner or the unit owners designee, or a unit mortgagee or the unit mortgagees designee, and fails to deliver the estoppel certificate within 10 business days, a fee may not be charged for the preparation and delivery of that estoppel certificate. 2008-28; s. 88, ch. However, a condominium association may not vote to forego the retrofitting in common areas in a high-rise building. The minute books, including all minutes, and other books and records of the association, if any. The holder of any encumbrance or leasehold of any easement has executed and recorded an agreement that the use-rights of each unit owner will not be terminated as long as the unit owner has not been evicted because of a default under the encumbrance or lease, and the use-rights of any mortgagee of a unit who has acquired title to a unit may not be terminated. All Florida condominium associations, cooperative associations, and homeowners associations as well as Florida-licensed community association managers and accounting firms that provide services to community associations will need to be aware of the latest requirements in order for the Association to proceed with collection of delinquent assessments. The name, address, and powers of the termination trustee. All Rights Reserved. If a vacancy occurs on the board as a result of a recall or removal and less than a majority of the board members are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any provision to the contrary contained in this subsection. The developer shall fund a plumbing reserve account. In order to protect the associations interests in timely recovering the unpaid assessments, the association will want to make sure the 30-day courtesy notice of late assessment is sent as soon as the governing documents allow, meaning, as soon as the governing documents consider the payment late or past due. For purposes of this subsection, the term bulk owner means the single holder of such voting interests or an owner together with a related entity or entities that would be considered an insider, as defined in s. 726.102, holding such voting interests. Use of a debit card issued in the name of the association, or billed directly to the association, for any expense that is not a lawful obligation of the association may be prosecuted as credit card fraud pursuant to s. 817.61. s. 1, ch. 79-314; s. 3, ch. Subsequent to recording the declaration and while the property remains subject to the declaration, no liens of any nature are valid against the condominium property as a whole except with the unanimous consent of the unit owners. If one or more phases are not built, the units which are built are entitled to 100 percent ownership of all common elements within the phases actually developed and added as a part of the condominium. 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 The declaration of condominium as originally recorded, or as amended pursuant to procedures provided therein, may provide that condominium property consisting of freestanding buildings comprised of no more than one building in or on such unit need not be insured by the association if the declaration requires the unit owner to obtain adequate insurance for the condominium property. 91-426; s. 6, ch. The management contract, maintenance contract, and other contracts for management of the association and operation of the condominium and facilities used by the unit owners having a service term in excess of 1 year, and any management contracts that are renewable. If an association sends out an invoice for assessments or a units statement of the account described in s. The estimated date when each room or other facility will be available for use by the unit owners. Discovery may, in the discretion of the arbitrator, be permitted in the manner provided by the Florida Rules of Civil Procedure. All unit owners, the association, and the mortgagees of a first mortgage of record must be joined as parties to the action. Leases of the common elements and other leases to which the association is a party. Upon such refund, any interest shall be paid to the prospective purchaser, unless otherwise provided in the reservation agreement. In such circumstances, s. 718.203 does not apply. 6. Any such assessment shall be in accordance with s. 718.115(2) or (4), as applicable. Except as to those matters described in subsection (4) or subsection (8), no declaration recorded after April 1, 1992, shall require that amendments be approved by more than four-fifths of the voting interests. 2008-240; s. 12, ch. Statutes, Video Broadcast Provide implied warranties on any portion of the condominium property except as expressly provided by the bulk assignee in a prospectus or offering circular, or the contract for purchase and sale executed with a purchaser, or for design, construction, development, or repair work performed by or on behalf of the bulk assignee. The maximum number of units that will use facilities in common with the condominium. 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? 98-322; s. 73, ch. Depending on the governing documents and procedures, they can be collected annually, quarterly, or monthly. These warranties are conditioned upon routine maintenance being performed, unless the maintenance is an obligation of the developer or a developer-controlled association. Limited common elements means those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration. [1] https://www.flsenate.gov/Session/Bill/2021/56/BillText/er/PDF, 1833 Hendry Street The Legislature expressly finds that many leases involving use of recreational or other common facilities by residents of condominiums were entered into by parties wholly representative of the interests of a condominium developer at a time when the condominium unit owners not only did not control the administration of their condominium, but also had little or no voice in such administration. If the condominium is a conversion of existing improvements, the statements and disclosure required by s. 718.616. 2000-302; s. 10, ch. Limited common elements means those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration. This section shall not apply if the business entity with which the association desires to enter into a contract is the only source of supply within the county serving the association. A summary of the restrictions, if any, to be imposed on units concerning the use of any of the condominium property, including statements as to whether there are restrictions upon children and pets, and reference to the volumes and pages of the condominium documents where such restrictions are found, or if such restrictions are contained elsewhere, then a copy of the documents containing the restrictions shall be attached as an exhibit. 2006-145; s. 10, ch. The association, at its option, may include additional information in the estoppel certificate. 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. 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. For each component, the following information shall be disclosed and substantiated by attaching a copy of a certificate under seal of an architect or engineer authorized to practice in this state: The age of the component as of the date of the report. 2008-202; s. 4, ch. All audits, reviews, accounting statements, structural integrity reserve studies, and financial reports of the association or condominium. 95-274; s. 850, ch. Upon such payment, the primary condominium association is obligated to promptly modify or partially release the record of lien on the primary condominium association so that the lien no longer encumbers such secondary unit. 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. Maintenance of the common elements is the responsibility of the association. Notwithstanding this subparagraph, unit owners may vote in person at unit owner meetings. However, the bulk assignee must provide an audit for the period during which the bulk assignee elects or appoints a majority of the members of the board of administration. During this period, liens may arise or be created only against individual condominium parcels. 2022-269. 91-426; s. 865, ch. If yes, has the board approved the transfer of the unit? FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. 2010-174; s. 10, ch. 79-400; s. 4, ch. If a condominium is a residential condominium but contains units intended to be used for commercial or industrial purposes, then, with respect to those units which are not intended for or used as private residences, the condominium is not a residential condominium. The Legislature further finds and declares that this situation cannot be open-ended without potentially prejudicing the rights of unit owners and condominium associations, and thereby declares that the provisions of this part may be used by purchasers of condominium inventory for only a specific and defined period. 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