The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. 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. A court may supersede the effect of this subsection by appointing a receiver. Written notice of an annual meeting must include an agenda; be mailed, hand delivered, or electronically transmitted to each unit owner at least 14 days before the annual meeting; and be posted in a conspicuous place on the condominium property or association property at least 14 continuous days before the annual meeting. Statutes, Video Broadcast 84-368; s. 6, ch. 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 responsibility of owners with regard to payment of regular or special assessments necessary for the operation of the property and the potential consequences of failure to pay such assessments. Upon receipt of a request for mediation, the division shall promptly contact the parties to determine if there is agreement that mediation would be appropriate. 79-314; s. 264, ch. s. 1, ch. The executive offices of the division shall be established and maintained in Tallahassee. The specific purpose or purposes of any special assessment, including any contingent special assessment levied in conjunction with the purchase of an insurance policy authorized by s. If the unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all monetary obligations of the unit owner related to the unit have been paid in full to the association. In no event shall the local authority having jurisdiction require retrofitting of common areas with handrails and guardrails before the end of 2024. 2000-302; s. 11, ch. Contain the following caveat in conspicuous type on the first page of the contract: ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. If the unit has been occupied by someone other than the buyer, contain a statement that the unit has been occupied. A governmental entity, business organization, or individual in this state may not file or cause to be filed through its employees or agents any lawsuit, cause of action, claim, cross-claim, or counterclaim against a condominium unit owner without merit and solely because such condominium unit owner has exercised the right to instruct his or her representatives or the right to petition for redress of grievances before the various governmental entities of this state, as protected by the First Amendment to the United States Constitution and s. 5, Art. No other provision in a rental agreement shall be enforceable to the extent that it purports to reduce the extension period provided by this section or otherwise would permit a developer to terminate a rental agreement in the event of a conversion. The association shall bear the cost of any such bonding. 91-429; s. 53, ch. Within 10 days after the filing of a petition as provided in this paragraph and in lieu of the requirements of paragraph (15)(a), the petitioner shall record the proposed plan of termination and mail a copy of the proposed plan and a copy of the petition to: If the association has not been dissolved as a matter of law, each member of the board of directors of the association identified in the most recent annual report filed with the Department of State and the registered agent of the association; The managing entity as defined in s. 721.05(22); Each unit owner and each timeshare estate owner at the address reflected in the official records of the association, or, if the association records cannot be obtained by the petitioner, each unit owner and each timeshare estate owner at the address listed in the office of the tax collector for tax notices; and. 2011-196; s. 4, ch. 79-4; s. 15, 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. If additional information or a mistake related to the estoppel certificate becomes known to the association within the effective period, an amended estoppel certificate may be delivered and becomes effective if a sale or refinancing of the unit has not been completed during the effective period. 92-49; s. 233, ch. Membership in the association designated in the declaration, with the full voting rights appertaining thereto. Meetings of a committee to take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this paragraph. 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. 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. It must be executed and acknowledged by an officer or authorized agent of the association. 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. Assessments and installments on assessments which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. 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. Any questions concerning this matter should be directed to (insert name, addresses, and telephone numbers of association representative). A unit may be in improvements, land, or land and improvements together, as specified in the declaration. 2008-28; s. 4, ch. Copyright 2008-2023 Jimerson Birr, P.A. The journals or printed bills of the respective chambers should be consulted for official purposes. Such notification shall not preclude the determination of reservation filing deficiencies at a later date, nor shall it relieve the developer of any responsibility under the law. At least 14 days prior to such a meeting, the board shall hand deliver to each unit owner, mail to each unit owner at the address last furnished to the association by the unit owner, or electronically transmit to the location furnished by the unit owner for that purpose a notice of such meeting and a copy of the proposed annual budget. 98-200; s. 62, ch. 80-323; s. 2, ch. Committee In securing consent or joinder, the association shall be entitled to rely upon the public records to identify the holders of outstanding mortgages. Mitigate further damage, injury, or contagion, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus or contagion, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit. The common expenses of a condominium within a multicondominium are the common expenses directly attributable to the operation of that condominium. In such a case, any additional inquiry or inquiries must be responded to in the subsequent 30-day period, or periods, as applicable. After the developer relinquishes control of the association, the developer may exercise the right to vote any developer-owned units in the same manner as any other unit owner except for purposes of reacquiring control of the association or selecting the majority members of the board of administration. Generally speaking, an analysis of whether your governing documents or the statute control is a complicated legal question that cant be broadly answered. Seven 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; or, in the case of an association that may ultimately operate more than one condominium, 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 which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first, for the first condominium it operates; or, in the case of an association operating a phase condominium created pursuant to s. 718.403, 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 which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first. The recorded bylaws of the association and each amendment to the bylaws. See provision. 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. 90-151; s. 20, ch. Together with the written notice and agenda as set forth in subparagraph 3., the association shall mail, deliver, or electronically transmit a second notice of the election to all unit owners entitled to vote, together with a ballot that lists all candidates not less than 14 days or more than 34 days before the date of the election. An association must provide an update in writing to the division if there are any changes to the information in the list under paragraph (b) within 6 months after the change. s. 1, ch. 2008-28; s. 47, ch. 2014-74; s. 13, ch. Each swimming pool, as to its general location, approximate size and depths, approximate deck size and capacity, and whether heated. Any such access is subject to reasonable restrictions adopted by the association. In addition, the degree, quantity, nature, and extent of the timeshare estates that will or may be created shall be defined and described in detail in the declaration, with a specific statement as to the minimum duration of the recurring periods of rights of use, possession, or occupancy that may be created with respect to any unit. The liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made. The regular periodic assessment is paid through (insert date paid through). To be valid, a claim of lien must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. The association is not obligated to pay for reconstruction or repairs of property losses as a common expense if the property losses were known or should have been known to a unit owner and were not reported to the association until after the insurance claim of the association for that property was settled or resolved with finality, or denied because it was untimely filed. The Legislature shall appropriate funds from this trust fund sufficient to carry out the provisions of this chapter and the provisions of law with respect to each category of business covered by the trust fund. 2015-97; s. 1, ch. The parties may seek to recover any costs and attorney fees incurred in connection with arbitration and mediation proceedings under this section as part of the costs and fees that may be recovered by the prevailing party in any subsequent litigation. A conditional plan does not vest title in the termination trustee until the plan and a certificate executed by the association with the formalities of a deed, confirming that the conditions in the conditional plan have been satisfied or waived by the requisite percentage of the voting interests, have been recorded. The estimated current replacement cost of the component as of the date of the report, expressed: As a per-unit amount, based upon each units proportional share of the common expenses. The preceding sentence is intended to clarify existing law. 78-328; s. 2, ch. Notice shall be provided as required for any regularly called meeting of the unit owners, and must state the purpose of the meeting. 76-222; s. 1, ch. 2, 3, 5, ch. If your rental agreement, including extensions and renewals, has an unexpired term of 180 days or less, you may, however, upon 30 days written notice cancel any extension of the rental agreement. 79-314; s. 1, 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. 2011-196; s. 4, ch. 2008-240; s. 2, ch. The deductibles may be based upon available funds, including reserve accounts, or predetermined assessment authority at the time the insurance is obtained. A unit owners consent to online voting is valid until the unit owner opts out of online voting according to the procedures established by the board of administration pursuant to subsection (4). Notwithstanding any provision in the declaration, the condominium form of ownership of a property may be terminated by a plan of termination approved by the lesser of the lowest percentage of voting interests necessary to amend the declaration or as otherwise provided in the declaration for approval of termination if: The total estimated cost of construction or repairs necessary to construct the intended improvements or restore the improvements to their former condition or bring them into compliance with applicable laws or regulations exceeds the combined fair market value of the units in the condominium after completion of the construction or repairs; or. Payment of per diem, mileage, and other expenses to division employees. 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. Rent for the unit, if subject to a lease. The deadline must be at least 15 days after the date the notice was mailed. Collect and receive rents, profits, accounts receivable, income, maintenance fees, special assessments, or insurance proceeds for the association. Nothing in this section shall be construed to require any filing with the division in the case of condominiums other than residential condominiums. Plot plans, attached as an exhibit, must show the approximate location of all existing and proposed buildings and improvements that may ultimately be contained within the condominium. An exclusive easement for the use of the airspace occupied by the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. The person acquiring title shall pay the amount owed to the association within 30 days after transfer of title. The notice may be given by electronic transmission to unit owners who previously consented to receive notice by electronic transmission. A copy of the floor plan of the unit and the plot plan showing the location of the residential buildings and the recreation and other common areas. There shall not be any material alteration or substantial addition made to association real property operated by a multicondominium association, except as provided in the declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein. Contracts for products and services; in writing; bids; exceptions. (Print, type, or stamp commissioned name of Notary Public). 79-314; s. 4, ch. 86-175; s. 18, ch. 2021-99; s. 3, ch. Notice of intended conversion; time of delivery; content. To view past articles, please click Publications on our firm website. ), the Cooperative Act (719.108(3), F.S. s. 1, ch. 718.1224 Prohibition against SLAPP suits. The developer may reserve the right to add additional facilities or amenities if the declaration and prospectus for each condominium to be operated by the association contains the following statement in conspicuous type and in substantially the following form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION. 88-148; s. 15, ch. 2013-189. s. 1, ch. As to the roof and structural components of a building or other improvements and as to mechanical, electrical, and plumbing elements serving improvements or a building, except mechanical elements serving only one unit, a warranty for a period beginning with the completion of construction of each building or improvement and continuing for 3 years thereafter or 1 year after owners other than the developer obtain control of the association, whichever occurs last, but in no event more than 5 years. The board of administration of a condominium association may not prohibit a unit owner from installing an electric vehicle charging station for an electric vehicle, as defined in s. 320.01, or a natural gas fuel station for a natural gas fuel vehicle within the boundaries of his or her limited common element or exclusively designated parking area. 88-90; s. 4, ch. 84-368; s. 1, ch. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property. The share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit. If you have any questions regarding this conversion or the Condominium Act, you may contact the developer or the state agency which regulates condominiums: The Division of Florida Condominiums, Timeshares, and Mobile Homes, (Tallahassee address and telephone number of division). A vote or abstention for each member present shall be recorded in the minutes. s. 1, ch. ), and the Homeowners Association Act (720.3085(3), F.S.) 2010-174; s. 12, ch. PLAN OF TERMINATION; REQUIRED PROVISIONS. Notwithstanding the foregoing, the association or its agent is not liable for disclosing information that is protected or restricted under this paragraph unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information. 80-3; s. 22, ch. No entity or entities shall unreasonably restrict any unit owners right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common elements, common areas, and recreational facilities. 91-426; s. 39, ch. 63-129; s. 7, ch. Conspicuous type means bold type in capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. 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