Until the developer has so filed, a contract for sale of a unit or lease of a unit for more than 5 years shall be voidable by the purchaser or lessee prior to the closing of his or her purchase or lease of a unit. A petition may not be granted unless the time for appeal by the filing of a complaint for trial de novo has expired. 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. 92-49; s. 233, ch. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property. s. 1, ch. 79-314; s. 9, ch. Subsection (1) does not apply to residential cooperatives created prior to January 1, 1977, which are converted to condominium ownership by the cooperative unit owners or their association after control of the association has been transferred to the unit owners if, following the conversion, the unit owners will be the same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part of the plan of conversion. This results in the potential successor purchaser having unknown and unquantifiable risks that the potential purchaser is unwilling to accept. 2000-302; s. 19, ch. All costs arising out of, or related to, the removal and storage of all personal property remaining in a unit, other than personal property owned by the association, so that the unit may be delivered vacant and clear of the owner or the owners family members, guests, tenants, occupants, licensees, invitees, or other persons as required by the plan. 83-339; ss. Employ directors, agents, attorneys, and other professionals to liquidate or conclude its affairs. ASSESSMENTS; MANAGEMENT OF COMMON ELEMENTS. s. 4, ch. When an association makes an expenditure of converter reserve account funds before the developer has sold all units, the developer shall make a deposit in the reserve account. No resident of any condominium dwelling unit, whether tenant or owner, shall be denied access to any available franchised or licensed cable television service, nor shall such resident or cable television service be required to pay anything of value in order to obtain or provide such service except those charges normally paid for like services by residents of, or providers of such services to, single-family homes within the same franchised or licensed area and except for installation charges as such charges may be agreed to between such resident and the provider of such services. Notice of any meeting in which regular or special assessments against unit owners are to be considered must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments. Parking or garage space number, as reflected in the books and records of the association: 5. 90-151; s. 3, ch. 2008-240. An officer or manager of the association, or other person providing notice of such meeting shall execute an affidavit evidencing compliance with this notice requirement, and such affidavit shall be filed among the official records of the association. 2003-14; s. 6, ch. 2015-165. He or she is entitled to use the common elements in accordance with the purposes for which they are intended, but no use may hinder or encroach upon the lawful rights of other unit owners. 85-60; s. 235, ch. 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. Javascript must be enabled for site search. 91-426; s. 865, ch. Any notices required to be sent to the mortgagees under this paragraph shall be sent to all available addresses provided to the association. If an investigation is not completed within the time limits established in this paragraph, the division shall, on a monthly basis, notify the complainant in writing of the status of the investigation. 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. Board members must be sensitive and recognize that a special assessment may cause more financial hardship on some than others. 92-49; s. 869, ch. The Legislature recognizes that strategic lawsuits against public participation, or SLAPP suits, as they are typically referred to, have occurred when association members are sued by individuals, business entities, or governmental entities arising out of a condominium unit owners appearance and presentation before a governmental entity on matters related to the condominium association. 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. It is in the best interest of the state to provide for termination of the covenants of a declaration of condominium in certain circumstances in order to: Ensure the continued maintenance, management, and repair of stormwater management systems, conservation areas, and conservation easements. The associations most recent structural integrity reserve study, if applicable. Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations. 80-323; s. 3, ch. 78-340; s. 32, ch. A website, application, or web portal operated by a third-party provider with whom the association owns, leases, rents, or otherwise obtains the right to operate a web page, subpage, web portal, collection of subpages or web portals, or an application which is dedicated to the associations activities and on which required notices, records, and documents may be posted or made available by the association. 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. 81-259; ss. 85-60; s. 8, ch. 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. The responsibility of the board and owners to abide by the condominium documents, this chapter, rules adopted by the division, and reasonable rules adopted by the board. 91-426; ss. The association shall be responsible for the salary of the receiver, court costs, and attorneys fees. The tenant must pay the monetary obligations to the association until the association releases the tenant or the tenant discontinues tenancy in the unit. 85-62; s. 1, ch. 79-347; ss. 91-429; s. 1, ch. 84-368; s. 14, ch. 77-174; s. 9, ch. 76-222; s. 8, ch. 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. If the members of the board of administration are elected by the bulk owner, unit owners other than the bulk owner may elect at least one-third of the members of the board of administration before the approval of any plan of termination. Board members may serve terms longer than 1 year if permitted by the bylaws or articles of incorporation. The form of unit lease if the offer is of a leasehold. This section applies only to the conversion of existing improvements where construction of the improvement was commenced prior to its designation by the developer as a condominium. To creditors of the association, as their interests appear. In the absence of provisions to the contrary in the bylaws, the board of administration shall have a president, a secretary, and a treasurer, who shall perform the duties of such officers customarily performed by officers of corporations. Transfer of association control; claims of defect by association. s. 1, ch. Sworn to (or affirmed) and subscribed before me this day of , (year), by (name of person making statement). Code 5605 (b) .) The lien may, however, automatically and by operation of the lease or other instrument, reattach to the unit and secure the payment of the units proportionate share of the rent or other exactions coming due subsequent to the date of final decree of foreclosure or the date of delivery of the deed in lieu of foreclosure. A statement as to whether the developer may provide additional facilities not described above; their general locations and types; improvements or changes that may be made; the approximate dollar amount to be expended; and the maximum additional common expense or cost to the individual unit owners that may be charged during the first annual period of operation of the modified or added facilities. 96-399, other than the exceptions stated in s. 611 of that act, shall not apply in this state. Limited proxies and general proxies may be used to establish a quorum. An association with total annual revenues of at least $300,000, but less than $500,000, shall prepare reviewed financial statements. During this period, liens may arise or be created only against individual condominium parcels. A developer makes no implied warranties when existing improvements are converted to ownership as a residential condominium and reserve accounts are funded in accordance with this section. Electronic security measures that are used by the association to safeguard data, including passwords. In the event of substantial damage to or destruction of all or a substantial part of the condominium property, and if the property is not repaired, reconstructed, or rebuilt within a reasonable period of time, any unit owner may petition a court for equitable relief, which may include a termination of the condominium and a partition. See Cottrell v. Thornton, 449 So. 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. 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 renter of a unit has a right to inspect and copy only the declaration of condominium, the associations bylaws and rules, and the inspection reports described in ss. 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. As to the personal property that is transferred with, or appurtenant to, each unit, a warranty which is for the same period as that provided by the manufacturer of the personal property, commencing with the date of closing of the purchase or the date of possession of the unit, whichever is earlier. 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. (1) CORPORATE ENTITY. An officer of the association, or the manager or other person providing notice of the association meeting, must provide an affidavit or United States Postal Service certificate of mailing, to be included in the official records of the association affirming that the notice was mailed or hand delivered in accordance with this provision. 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. 98-322; s. 73, ch. To make recommendations to the division for changes in rules and procedures for the filing, investigation, and resolution of complaints filed by unit owners, associations, and managers. s. 1, ch. 92-49; s. 8, ch. 2021-209; s. 5, ch. 2000-302; s. 19, ch. Also, the statute provides that any meeting at which special assessments will be considered must be mailed to the members and parcel owners and posted on the property not less than 14 days before the meeting. The ombudsman shall coordinate and assist in the preparation and adoption of educational and reference material, and shall endeavor to coordinate with private or volunteer providers of these services, so that the availability of these resources is made known to the largest possible audience. The original declaration of condominium, or an amendment to the declaration, which amendment has been approved by all unit owners and unit mortgagees and the developer, shall describe: The land which may become part of the condominium and the land on which each phase is to be built. The following statement in conspicuous type: THE BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION. It is the intent of this paragraph to clarify existing law. 2008-28; s. 8, ch. An amendment which adds phases to a condominium does not require the execution of such amendment or consent thereto by unit owners other than the developer, unless the amendment permits the creation of timeshare estates in any unit of the additional phase of the condominium and such creation is not authorized by the original declaration. As to all other personal property for the use of unit owners, a warranty which shall be the same as that provided by the manufacturer of the personal property. j. Where conspicuous type is required, it must be separated on all sides from other type and print. To act as liaison between the division, unit owners, boards of directors, board members, community association managers, and other affected parties. The petition or action may challenge the facial validity of the written agreement or ballots filed or the substantial compliance with the procedural requirements for the recall. Attorneys name and contact information if the account is delinquent and has been turned over to an attorney for collection. If a condominium created on or after July 1, 2000, is or may become part of a multicondominium, the following information must be provided: A statement in conspicuous type in substantially the following form: THIS CONDOMINIUM IS (MAY BE) PART OF A MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL (MAY) BE OPERATED BY THE SAME ASSOCIATION. 2021-99; s. 22, ch. The clerk of the circuit court recording the declaration may, for his or her convenience, file the exhibits of a declaration which contains graphic descriptions of improvements in a separate book, and shall indicate the place of filing upon the margin of the record of the declaration. When a developer deposits amounts in excess of the minimum reserve account funding, later deposits may be reduced to the extent of the excess funding. In addition to its enforcement authority, the division may issue a notice to show cause, which must provide for a hearing, upon written request, in accordance with chapter 120. The filing of a petition for arbitration shall toll the applicable statute of limitations. 76-168; s. 1, ch. 87-102; s. 18, ch. Such leases may or may not be unconscionable in any given case. If possible, the board should hold a specific meeting before adopting a special assessment. The executed escrow agreement signed by the developer and the escrow agent shall contain the following information: A statement that the escrow agent will grant a prospective purchaser an immediate, unqualified refund of the reservation deposit moneys upon written request either directly to the escrow agent or to the developer. 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. The division shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, public offering statements, advertising standards, and rules and common administrative practices. If there is any land that is offered by the developer for use by the unit owners and that is neither owned by them nor leased to them, the association, or any entity controlled by unit owners and other persons having the use rights to such land, a statement shall be made as to how such land will serve the condominium. If the developer cannot be located, the clerk shall disburse the money to the Division of Florida Condominiums, Timeshares, and Mobile Homes for deposit in the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund. The written certification or educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. This page shall, in readable language, inform prospective purchasers regarding their voting rights and unit use restrictions, including restrictions on the leasing of a unit; shall indicate whether and in what amount the unit owners or the association is obligated to pay rent or land use fees for recreational or other commonly used facilities; shall contain a statement identifying that amount of assessment which, pursuant to the budget, would be levied upon each unit type, exclusive of any special assessments, and which shall further identify the basis upon which assessments are levied, whether monthly, quarterly, or otherwise; shall state and identify any court cases in which the association is currently a party of record in which the association may face liability in excess of $100,000; and which shall further state whether membership in a recreational facilities association is mandatory, and if so, shall identify the fees currently charged per unit type. ON L8S 1A2, Canada, 73 Water St N However, an increase in assessments for common expenses without discrimination against the developer shall not be deemed to be detrimental to the sales of units. 92-49; s. 3, ch. The estimated operating budget for the condominium, the required schedule of unit owners expenses, and the associations most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study. 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. Persons who are not parties to the dispute are not allowed to attend the mediation conference without the consent of all parties, with the exception of counsel for the parties and corporate representatives designated to appear for a party. In addition to those disclosures described by ss. If the proposed fine or suspension is approved by the committee, the fine payment is due 5 days after notice of the approved fine is provided to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner. 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. All alterations or additions made to the condominium property or association property pursuant to s. 718.113(2). Upon filing, each developer shall pay to the division a filing fee of $100. Residential condominiums may be covered by an insured warranty program underwritten by a licensed insurance company registered in this state, provided that such warranty program meets the minimum requirements of this chapter; to the degree that such warranty program does not meet the minimum requirements of this chapter, such requirements shall apply. 95-274; s. 850, ch. The option shall be exercised upon approval by owners of two-thirds of the units served by the leased property. (Yes)(No). If the association does not record the certificate within 90 days after the clerk has given the notice, the clerk may disburse the money to the developer. 97-102; s. 1, ch. 3, 5, ch. 2008-240; s. 12, ch. 79-314; s. 3, ch. Owners rights to inspect and copy association records and the limitations on such rights. 94-218; s. 299, ch. 76-222; s. 1, ch. Levying a special assessment in Florida requires knowledge of certain provisions of the Condominium Act (Chapter 718, Florida Statutes) and your association's governing documents. Board of administration; transfer of control. 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. If the judgment is more favorable, the party who filed a complaint for trial de novo shall be awarded reasonable court costs and attorney fees. Before a developer turns over control of an association to unit owners other than the developer, the developer must have a structural integrity reserve study completed for each building on the condominium property that is three stories or higher in height. A general description of the items of personal property, and the approximate number of each item of personal property, that the developer is committing to furnish for each room or other facility or, in the alternative, a representation as to the minimum amount of expenditure that will be made to purchase the personal property for the facility. Restraint upon separation and partition of common elements. 99-3; s. 48, ch. A report of cash receipts and expenditures, a compiled financial statement, or a reviewed financial statement in lieu of an audited financial statement. The cost for the services under a bulk rate contract may be allocated on a per-unit basis rather than a percentage basis if the declaration provides for other than an equal sharing of common expenses, and any contract entered into before July 1, 1998, in which the cost of the service is not equally divided among all unit owners, may be changed by vote of a majority of the voting interests present at a regular or special meeting of the association, to allocate the cost equally among all units. A bulk assignee or a bulk buyer must comply with s. 718.302 regarding any contracts entered into by the association during the period the bulk assignee or bulk buyer maintains control of the board of administration. 80-323; s. 1, ch. 7, 30, 32, ch. Your California Privacy Rights / Privacy Policy. This paragraph does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators. 88-148; s. 2, ch. For these purposes, the powers of the association include, but are not limited to, the maintenance, management, and operation of the condominium property. You have the right to purchase your apartment and will have 45 days to decide whether to purchase. Service is complete upon mailing. Any party to an arbitration proceeding may enforce an arbitration award by filing a petition in a court of competent jurisdiction in which the condominium is located. This subsection shall apply retroactively as a remedial measure. s. 1, ch. 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