The governance form shall also include the following statement in conspicuous type: This publication is intended as an informal educational overview of condominium governance. A contract that does not conform to the requirements of this paragraph is voidable at the option of the purchaser prior to closing. The document entitled Frequently Asked Questions and Answers required by s. 718.504. 2007-80. If the contract is for the sale or transfer of a unit in a condominium in which timeshare estates have been or may be created, contain within the text in conspicuous type: UNITS IN THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES. Developer means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary course of business, but does not include: An owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own occupancy; A cooperative association that creates a condominium by conversion of an existing residential cooperative after control of the association has been transferred to the unit owners if, following the conversion, the unit owners are 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; A bulk assignee or bulk buyer as defined in s. 718.703; or. For purposes of this subsection, the term natural gas fuel has the same meaning as in s. 206.9951, and the term natural gas fuel vehicle means any motor vehicle, as defined in s. 320.01, that is powered by natural gas fuel. The tenant must pay the monetary obligations to the association until the association releases the tenant or the tenant discontinues tenancy in the unit. 77-174; s. 8, ch. All notices from developers to tenants shall be deemed given when deposited in the United States mail, addressed to the tenants last known residence, which may be the address of the property subject to the rental agreement, and sent by certified or registered mail, postage prepaid. 77-222; s. 3, ch. 2011-196. 2. The motion must be accompanied by a verified petition alleging facts that, if proven, would support entry of a temporary injunction, and if an appropriate motion and supporting papers are filed, the division may abate the arbitration pending a court hearing and disposition of a motion for temporary injunction. Ryan Poliakoff, a partner at Backer Aboud Poliakoff & Foelster, LLP, is a Board Certified Specialist in condominium and planned development law. A lease pertaining to use by condominium unit owners of recreational or other common facilities, irrespective of the date on which such lease was entered into, is presumptively unconscionable if all of the following elements exist: The lease was executed by persons none of whom at the time of the execution of the lease were elected by condominium unit owners, other than the developer, to represent their interests; The lease requires either the condominium association or the condominium unit owners to pay real estate taxes on the subject real property; The lease requires either the condominium association or the condominium unit owners to insure buildings or other facilities on the subject real property against fire or any other hazard; The lease requires either the condominium association or the condominium unit owners to perform some or all maintenance obligations pertaining to the subject real property or facilities located upon the subject real property; The lease requires either the condominium association or the condominium unit owners to pay rents to the lessor for a period of 21 years or more; The lease provides that failure of the lessee to make payments of rents due under the lease either creates, establishes, or permits establishment of a lien upon individual condominium units of the condominium to secure claims for rent; The lease requires an annual rental which exceeds 25 percent of the appraised value of the leased property as improved, provided that, for purposes of this paragraph, annual rental means the amount due during the first 12 months of the lease for all units, regardless of whether such units were in fact occupied or sold during that period, and appraised value means the appraised value placed upon the leased property the first tax year after the sale of a unit in the condominium; The lease provides for a periodic rental increase; and. 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. The report shall be submitted by September 30 following the end of the fiscal year. When existing improvements are converted to condominium, tenants who have not purchased a unit in the condominium being created shall, during the remaining term of the rental agreement and any extension thereof, be entitled to the same rights, privileges, and services that were enjoyed by all tenants prior to the date of the written notice of conversion and that are granted, offered, or provided to purchasers. 91-426; s. 11, ch. The undivided share of ownership of the common elements and common surplus of the condominium that is appurtenant to each unit stated as a percentage or a fraction of the whole. A book or books that contain the minutes of all meetings of the association, the board of administration, and the unit owners. 90-151; s. 3, ch. 76-222; s. 3, ch. At any particular time, there may not be more than one bulk assignee within a condominium; however, there may be more than one bulk buyer. 2013-122. 2008-240; s. 87, ch. 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. 78-328; s. 7, ch. An association waives the right to collect any moneys owed in excess of the amounts specified in the estoppel certificate from any person who in good faith relies upon the estoppel certificate and from the persons successors and assigns. 97-301; s. 2, ch. 2021-99; s. 18, 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. Subsection (2) does not apply to optional termination pursuant to this subsection. The claim of lien secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest, administrative late fees, and all reasonable costs and attorney fees incurred by the association incident to the collection process. 76-168; s. 1, ch. 2014-133; s. 3, ch. If the rental agreement will expire within 45 days following the date of the notice, the tenant may remain in occupancy for the 45-day decision period upon the same terms by giving the developer written notice and paying rent on a pro rata basis from the expiration date of the rental agreement to the end of the 45-day period. 78-328; s. 16, ch. Any payment received by an association must be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. Any payment received by an association must be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. 2021-99. Notice by mail to a unit owner shall be sent to the address used by the county property appraiser for notice to the unit owner, except that where a unit owners address is not publicly available the notice shall be mailed to the unit. Upon recording the declaration of condominium pursuant to this section, the developer shall file the recording information with the division within 120 calendar days on a form prescribed by the division. A similar statement of the nature of the organization or the manner in which the use rights are created, and that unit owners are required to pay. 88-90; s. 4, ch. Upon the discovery of a scriveners error in the plan of termination, the termination trustee may record an amended plan or an amendment to the plan for the purpose of correcting the error, and the amended plan or amendment to the plan must be executed by the termination trustee in the same manner as required for the execution of a deed. Unless control of the board of administration of the association has already been relinquished pursuant to s. 718.301(1), the bulk assignee must relinquish control of the association pursuant to s. 718.301 and this part, as if the bulk assignee were the developer. 85-60; s. 8, ch. 81-225; s. 1, ch. The liability of the tenant may not exceed the amount due from the tenant to the tenants landlord. As of the date of this letter, the total amount due with interest is $. 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. 2015-2; s. 9, ch. If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of services, requires payment by the association on behalf of any condominium operated by the association in the aggregate that exceeds 5 percent of the total annual budget of the association, including reserves, the association shall obtain competitive bids for the materials, equipment, or services. 91-116; ss. An acquirer of condominium parcels is not a bulk assignee or a bulk buyer if the transfer to such acquirer was made: With the intent to hinder, delay, or defraud any purchaser, unit owner, or the association; or. 2008-240. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. The association may levy reasonable fines for the failure of the owner of the unit or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. The association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. 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. 2013-122; s. 165, ch. The developer shall fund a roof reserve account. 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. Thereafter, all unit owners except the developer may vote on such issues until control is turned over to the association by the developer. Name(s) of the unit owner(s) as reflected in the books and records of the association: 4. Publications, Help Searching Unit owners membership and voting rights in the association. i. 2003-14; s. 6, ch. Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request for an estoppel certificate issued pursuant to this section. OF (NAME OF CONDOMINIUM), A CONDOMINIUM AS SET FORTH IN THE DECLARATION OF CONDOMINIUM AND THE EXHIBITS ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS BOOK , PAGE , OF THE PUBLIC RECORDS OF COUNTY, FLORIDA. 97-102; s. 14, ch. Any challenge to the election process must be commenced within 60 days after the election results are announced. The copy posted pursuant to this sub-subparagraph must be a copy of the articles of incorporation filed with the Department of State. 76-222; s. 26, ch. 91-426; s. 10, ch. 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. Additional facilities, as to the number of each facility, its approximate location, approximate size, and approximate capacity. Relocate the associations principal office or designate alternative principal offices. A current copy of the following documents must be posted in digital format on the associations website or application: The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration. Payment due the condominium association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (full address), payable to (name). You have the right to purchase your apartment and will have 45 days to decide whether to purchase. Suite 203 The estimated remaining useful life of the component as of the date of the report. 91-426; s. 865, ch. However, the association may adopt reasonable rules governing the frequency, duration, and manner of unit owner participation. The arbitration decision shall be rendered within 30 days after the hearing and presented to the parties in writing. 91-103; s. 5, ch. Such leases may or may not be unconscionable in any given case. An association can charge up to $250 to unit owners who are current in their assessments. 91-103; ss. 91-429; s. 34, ch. To do so, you must notify the developer in writing. Any portion of the condominium property that must be insured by the association against property loss pursuant to paragraph (f) which is damaged by an insurable event shall be reconstructed, repaired, or replaced as necessary by the association as a common expense. This subparagraph does not limit the use of general proxies or require the use of limited proxies for any agenda item or election at any meeting of a timeshare condominium association or a nonresidential condominium association. The acquisition of property by the association and material alterations or substantial additions to such property or the common elements by the association in accordance with s. 718.111(7) or s. 718.113, and amendments providing for the transfer of use rights in limited common elements pursuant to s. 718.106(2)(b) shall not be deemed to constitute a material alteration or modification of the appurtenances to the units. 2d 475 (Fla 1st DCA 1990), Tiffany Plaza Condominium Association, Inc. v. Spencer, 416 So. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . However, the bulk assignee is not required to deliver items and documents not in the possession of the bulk assignee if some items were or should have been in existence before the bulk assignees acquisition of the units. The board of administration of an association may make available, install, or operate an electric vehicle charging station or a natural gas fuel station upon the common elements or association property and establish the charges or the manner of payments for the unit owners, residents, or guests who use the electric vehicle charging station or natural gas fuel station. Any such officer, director, or manager who knowingly so solicits, offers to accept, or accepts any thing or service of value or kickback is subject to a civil penalty pursuant to s. 718.501(1)(d) and, if applicable, a criminal penalty as provided in paragraph (d). The unit owner installing, maintaining, or removing the electric vehicle charging station or natural gas fuel station is responsible for complying with all federal, state, or local laws and regulations applicable to such installation, maintenance, or removal. Bylaws means the bylaws of the association as they are amended from time to time. On matters related to a specific condominium in a multicondominium association, the voting interests of the condominium are the voting rights distributed to the unit owners in that condominium. An association with total annual revenues of less than $150,000 shall prepare a report of cash receipts and expenditures. The notice may be given by any unit owner if the association fails to do so. Committee As part of the information collected annually from condominiums, the division shall require condominium associations to report the membership vote and recording of a certificate under this subsection and, if retrofitting has been undertaken, the per-unit cost of such work. If your rental agreement began or was extended or renewed after May 1, 1980, and your rental agreement, including extensions and renewals, has an unexpired term of 180 days or less, you may cancel your rental agreement upon 30 days written notice and move. Completion of a building or improvement means issuance of a certificate of occupancy, whether temporary or otherwise, that allows for occupancy or use of the entire building or improvement, or an equivalent authorization issued by the governmental body having jurisdiction. 2014-209; s. 2, ch. 92-49; s. 9, ch. In the declaration of condominium for residential condominiums created after April 1, 1992, the ownership share of the common elements assigned to each residential unit shall be based either upon the total square footage of each residential unit in uniform relationship to the total square footage of each other residential unit in the condominium or on an equal fractional basis. c.The next installment of the regular periodic assessment is due (insert due date) in the amount of $. 78-340; s. 3, ch. Section 718.112 (2) (c)1, Florida Statutes, provides (in material part) At least 14 days prior to such special meeting, the board shall hand deliver to each unit owner, or mail to each unit owner at the address last furnished to the association, a notice of the meeting. If the contract is for the sale or transfer of a unit subject to a lease, include as an exhibit a copy of the executed lease and shall contain within the text in conspicuous type: THE UNIT IS SUBJECT TO A LEASE (OR SUBLEASE). If the declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein do not specify the procedure for approving an alteration or addition to association real property, the approval of 75 percent of the total voting interests of the association is required before the material alterations or substantial additions are commenced. The number of such buildings on each associations property. 2011-196; s. 4, ch. Notice of any board meeting, the agenda, and any other document required for the meeting as required by s. 718.112(2)(c), which must be posted no later than the date required for notice under s. 718.112(2)(c). 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. If a receiver is appointed, the receiver shall have all of the powers of the board and shall be entitled to receive a salary and reimbursement of all costs and attorneys fees payable from association funds. THE UNIT OWNERS FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN. 2d 1291 (Fla. 2nd DCA 1984). Provisions for giving notice by electronic transmission in a manner authorized by law of meetings of the board of directors and committees and of annual and special meetings of the members. Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the unit owners does not apply to: Meetings between the board or a committee and the associations attorney, with respect to proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice; or. The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet as described in s. 718.504 and year-end financial information required under this section, on the condominium property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the documents. If a developer of a multicondominium is excused from payment of assessments under paragraph (a), the developers financial obligation to the multicondominium association during any period in which the developer is excused from payment of assessments is as follows: The developer shall pay the common expenses of a condominium affected by a guarantee, including the funding of reserves as provided in the adopted annual budget of that condominium, which exceed the regular periodic assessments at the guaranteed level against all other unit owners within that condominium. If no party intervenes to contest the proposed plan within 45 days after the filing of the petition, the petitioner may move the court to enter a final judgment to authorize implementation of the plan of termination. 99-6; s. 1, ch. It is the intent of the Legislature that such lawsuits be expeditiously disposed of by the courts. The association must provide written notice of such fine or suspension by mail or hand delivery to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner. Usually, unit owners just roll with the changes. 82-199; s. 2, ch. Protect state residents from health and safety hazards created by derelict, damaged, obsolete, or abandoned condominium properties. 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. 97-192; s. 35, ch. 76-222; s. 4, ch. Certain regulations not to be retroactively applied. Voting interests means the voting rights distributed to the association members pursuant to s. s. 1, ch. If the unit owner or the association initiates any action or interposes any defense other than payment of rent under the lease, the unit owner or the association shall, upon service of process upon the lessor, pay into the registry of the court any allegedly accrued rent and the rent which accrues during the pendency of the proceeding, when due. 84-368; s. 6, ch. If a unit owner or lienor files a timely objection with the termination trustee, the trustee need not distribute the funds and property allocated to the respective unit owner or lienor until the trustee has had a reasonable time to determine the validity of the adverse claim. d.An itemized list of all assessments, special assessments, and other moneys owed on the date of issuance to the association by the unit owner for a specific unit is provided. 2002-27; s. 5, ch. The process shall have the same force and validity as if personally served. No law, ordinance, or regulation shall establish any requirement concerning the use, location, placement, or construction of buildings or other improvements which are, or may thereafter be, subjected to the condominium form of ownership, unless such requirement shall be equally applicable to all buildings and improvements of the same kind not then, or thereafter to be, subjected to the condominium form of ownership. Common surplus is owned by unit owners in the same shares as their ownership interest in the common elements. 718.503 and 718.504. All audits, reviews, accounting statements, structural integrity reserve studies, and financial reports of the association or condominium. Alternative dispute resolution; mediation; nonbinding arbitration; applicability. 718.112 and 718.301 and this part. A statement as to whether any of the condominiums in the multicondominium may include units intended to be used for nonresidential purposes and the purpose or purposes permitted for such use. 98-322; s. 33, ch. 1, 7, ch. 2014-133; s. 3, ch. All other contracts to which the association is a party. The notice must be in substantially the following form: Except as otherwise provided in this chapter, no lien may be filed by the association against a condominium unit until 45 days after the date on which a notice of intent to file a lien has been delivered to the owner by registered or certified mail, return receipt requested, by first-class United States mail to the owner at his or her last address as reflected in the associations records and, if such address is not the unit address, by first-class United States mail to the unit address. 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