77-222; s. 1, ch. Any amendment adopted without the required consent of a mortgagee shall be voidable only by a mortgagee who was entitled to notice and an opportunity to consent. In Cottrell, the board of the association specially assessed its unit owners $600 to remedy severe problems with the canal system, roadway system and pool. Social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit owner other than as provided to fulfill the associations notice requirements, and other personal identifying information of any person, excluding the persons name, unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the associations notice requirements. See 718.116 (10 of the Florida Statutes) . Multicondominium means a real estate development containing two or more condominiums, all of which are operated by the same association. 2008-240; s. 3, ch. Name(s) of the unit owner(s) as reflected in the books and records of the association: 4. The civil penalty shall be at least $500 but no more than $5,000 for each violation. Disclaimer: The information on this system is unverified. Committee 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. The refund is the obligation of the unit owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section. 2021-99; s. 21, ch. So, in your case, I do think that the provisions of your declaration control, unless the assessment being considered can be directly tied to the state of emergency (and therefore fall within Section 720.316). 76-222; s. 26, 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. A copy of the agreement for escrow of payments made to the developer prior to closing. A foreclosure action against a subdivided parcel is not effective without an affidavit indicating that written notice of the foreclosure was timely sent to the names and addresses of secondary unit owners and first mortgagees registered with the primary condominium association pursuant to this subsection. Fax: (239) 542-8953, 4524 Gun Club Rd. Copies of the records of the division, and certificates purporting to relate the facts contained in those records, when authenticated by the seal, shall be prima facie evidence of the records in all the courts of this state. Attorneys name and contact information if the account is delinquent and has been turned over to an attorney for collection. When existing improvements are converted to ownership as a residential condominium: Each residential tenant who has resided in the existing improvements for at least the 180 days preceding the date of the written notice of intended conversion shall have the right to extend an expiring rental agreement upon the same terms for a period that will expire no later than 270 days after the date of the notice. 78-340; s. 4, ch. If there are leases, a description thereof, including the length of the term, the rent payable, and a description of any option to purchase. A board or committee members participation in a meeting via telephone, real-time videoconferencing, or similar real-time electronic or video communication counts toward a quorum, and such member may vote as if physically present. Special assessment means any assessment levied against a unit owner other than the assessment required by a budget adopted annually. 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. 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 proceeds of any sale of condominium property pursuant to a plan of termination may not be deemed to be common surplus or association property. The court shall award the prevailing party reasonable attorneys fees and costs incurred in connection with a claim that an action was filed in violation of this section. A multicondominium association may elect, by a majority vote of the collective members of the condominiums operated by the association, to operate the condominiums as a single condominium for purposes of insurance matters, including, but not limited to, the purchase of the property insurance required by this section and the apportionment of deductibles and damages in excess of coverage. If the parties are unable to agree on a mediator within the time allowed by the arbitrator, the arbitrator shall appoint a mediator from the list of certified mediators. 2d 1291 (Fla. 2nd DCA 1984). When the age of a component or structure is to be measured from the date of replacement or renewal, the developer shall provide the division with a certificate, under the seal of an architect or engineer authorized to practice in this state, verifying: The date of the replacement or renewal; and. Discloses any financial or ownership interest a board member or any party providing maintenance or management services to the association holds with the contracting party. The deductibles must be consistent with industry standards and prevailing practice for communities of similar size and age, and having similar construction and facilities in the locale where the condominium property is situated. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records. If the recall is approved by a majority of all voting interests by a vote at a meeting, the recall will be effective as provided in this paragraph. i. If, after any right of first refusal has expired, the developer offers the unit at a price lower than that offered to the tenant, the developer shall in writing notify the tenant prior to the publication of the offer. e.An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the estoppel certificate is provided. The party who files a complaint for a trial de novo shall be assessed the other partys arbitration costs, court costs, and other reasonable costs, including attorney fees, investigation expenses, and expenses for expert or other testimony or evidence incurred after the arbitration hearing if the judgment upon the trial de novo is not more favorable than the arbitration decision. 88-90; s. 4, ch. The only voting interests that are eligible to vote on questions that involve waiving or reducing the funding of reserves, or using existing reserve funds for purposes other than purposes for which the reserves were intended, are the voting interests of the units subject to assessment to fund the reserves in question. 71-98; s. 3, 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. The regular periodic assessment levied against the unit is $ per (insert frequency of payment). FIGURES CONTAINED IN ANY BUDGET DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION OF THE BUDGET BY THE DEVELOPER. Before or after the filing of the respondents answer to the petition, any party may request that the arbitrator refer the case to mediation under this section and any rules adopted by the division. Florida Statute section 718.111 (11) (f) requires that the condo association maintain insurance on "all portions of the condominium property as originally installed" or as replaced in accordance with the original plans and specifications. Copyright 2008-2023 Jimerson Birr, P.A. The declaration may provide that the rental, membership fees, operations, replacements, and other expenses are common expenses and may impose covenants and restrictions concerning their use and may contain other provisions not inconsistent with this chapter. 67-229; s. 2, ch. In any case where the bylaws are silent as to the associations power to convey common elements as described in subparagraph 1., the bylaws shall be deemed to include the provision described in subparagraph 1. However, if so defined in the declaration, the term land may mean all or any portion of the airspace or subterranean space between two legally identifiable elevations and may exclude the surface of a parcel of real property and may mean any combination of the foregoing, whether or not contiguous, or may mean a condominium unit. The associations most recent structural integrity reserve study, if applicable. 97-102; 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. 86-175; s. 21, ch. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by the affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. The stated period must terminate no later than the first day of the fourth calendar month following the month in which the first closing occurs of a purchase contract for a unit in that condominium. The document entitled Frequently Asked Questions and Answers required by s. 718.504. 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). 2004-353; s. 3, ch. 2011-196; s. 5, ch. 2021-91; s. 7, ch. Upon the recording of the declaration, or an amendment adding a phase to the condominium under s. 718.403(6), all units described in the declaration or phase amendment as being located in or on the land then being submitted to condominium ownership shall come into existence, regardless of the state of completion of planned improvements in which the units may be located or any other requirement or description that a declaration may provide. When a declaration of condominium is recorded pursuant to this section, a certificate or receipted bill shall be filed with the clerk of the circuit court in the county where the property is located showing that all taxes due and owing on the property have been paid in full as of the date of recordation. No provision of the declaration shall be revised or amended by reference to its title or number only. The association or its authorized agent is not required to provide a prospective purchaser or lienholder with information about the condominium or the association other than information or documents required by this chapter to be made available or disclosed. 2021-135; s. 6, ch. 2013-122; s. 1, ch. Personally Known OR Produced as identification. The following amounts are currently due on your account to (name of association), and must be paid within 45 days after your receipt of this letter. A copy of the plans and specifications utilized in the construction or remodeling of improvements and the supplying of equipment to the condominium and in the construction and installation of all mechanical components serving the improvements and the site with a certificate in affidavit form of the developer or the developers agent or an architect or engineer authorized to practice in this state that such plans and specifications represent, to the best of his or her knowledge and belief, the actual plans and specifications utilized in the construction and improvement of the condominium property and for the construction and installation of the mechanical components serving the improvements. 2006-145; s. 10, ch. The installation may not cause irreparable damage to the condominium property. 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. Numerous condominium projects have failed or are in the process of failing such that the condominium has a small percentage of third-party unit owners as compared to the unsold inventory of units. The court held that the action taken by the board was to protect the canal, pool and roads from further damage; thus, the assessment of the repair costs on all unit owners, without unit owner consent, was appropriate. Unconscionability of certain leases; rebuttable presumption. 77-457; ss. 2008-240. Failure of a bulk assignee or bulk buyer to substantially comply with all the requirements in this part results in the loss of any and all protections or exemptions provided under this part. If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS, you may extend your rental agreement for up to 45 days after the date of this notice while you decide whether to extend your rental agreement as explained above. Separate taxation of condominium parcels; survival of declaration after tax sale; assessment of timeshare estates. 82-199; s. 4, ch. A brief narrative description of the location and effect of all existing and intended easements located or to be located on the condominium property other than those described in the declaration. 1. 2001-64; s. 15, ch. The emergency powers provision, Section 720.316, Fla. The association has the power to purchase the condominium parcel at the foreclosure sale and to hold, lease, mortgage, or convey it. 2d 475 (Fla 1st DCA 1990). Unit owners may consider and adopt a substitute budget at the special meeting. 93-190; s. 3, ch. 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. Each contract entered into after July 1, 1992, for the resale of a residential unit shall contain in conspicuous type either: A clause which states: THE BUYER HEREBY ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION, BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF THIS CONTRACT; or. A vote or abstention for each member present shall be recorded in the minutes. 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