2007-80; s. 5, ch. This subsection does not apply to any grant or reservation made by a declaration whereby persons other than the developer or the developers heirs, assigns, affiliates, directors, officers, or employees are granted the right to use the condominium property, so long as such persons are obligated to pay, at a minimum, a proportionate share of the cost associated with such property. The validity of an action by the board is not affected if it is later determined that a board member is ineligible for board membership due to having been convicted of a felony. The boards responsibility to provide advance notice of board and membership meetings. 81-28; ss. 92-49; s. 8, ch. 67-229; s. 2, ch. 2021-209; s. 5, ch. 78-340; ss. Any developer who willfully fails to comply with the provisions of this section concerning establishment of an escrow account, deposits of funds into escrow, and withdrawal of funds from escrow is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, or the successor thereof. 2007-228; s. 5, ch. 2022-269. 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. A state, county, or municipal entity acting as a lessor and not otherwise named as a developer in the declaration of condominium. The notice shall contain the following statement, with the phrases of the following statement which appear in upper case printed in conspicuous type: (Tallahassee address and telephone number of division). If an association sends out an invoice for assessments or a units statement of the account described in s. 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otherwise provided in the plan of termination, at any time before the sale of the condominium property, a plan may be withdrawn or modified by the affirmative vote or written agreement of at least the same percentage of voting interests in the condominium as that which was required for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. Immediately following this statement, the location in the prospectus or offering circular and its exhibits where the multicondominium aspects of the offering are described must be stated. 2014-133; s. 69, ch. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee. Operation or operation of the condominium includes the administration and management of the condominium property and the association. If the unit owner or the association fails to pay the rent into the registry of the court, the failure constitutes an absolute waiver of the unit owners or associations defenses other than payment, and the lessor is entitled to default. The developer shall be deemed to have granted to the purchaser of each unit an implied warranty of fitness and merchantability for the purposes or uses intended as follows: As to each unit, a warranty for 3 years commencing with the completion of the building containing the unit. Common expenses of a multicondominium association shall be funded by assessments against all unit owners in the association in the proportion or percentage set forth in the declaration as required by s. 718.104(4)(h) or s. 718.110(12), as applicable. Sue in the name of the association for all sums due or owed to the association or to recover any of its property. Common expenses also include reasonable transportation services, insurance for directors and officers, road maintenance and operation expenses, in-house communications, and security services, which are reasonably related to the general benefit of the unit owners even if such expenses do not attach to the common elements or property of the condominium. An association may operate more than one condominium. 77-457; ss. 2004-345; s. 1, ch. 6. 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 authorized by this subsection if such property is the responsibility of the association pursuant to the declaration of condominium. 2007-80. All notices must be given in writing and sent by mail, return receipt requested, or delivered in person to the developer at this address: (name and address of developer). 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. 90-151; s. 6, ch. The board may temporarily fill the vacancy during the period of suspension. 10, 32, ch. Preserve the states long history of protecting homestead property and homestead property rights by ensuring that such protection is extended to homestead property owners in the context of a termination of the covenants of a declaration of condominium. 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. 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. Such shortage and the resulting lack of proper maintenance further erodes property values. 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. 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. YOU HAVE THE RIGHT TO CHALLENGE AN ASSESSMENT BY A TAXING AUTHORITY RELATING TO YOUR TIMESHARE ESTATE PURSUANT TO THE PROVISIONS OF CHAPTER 194, FLORIDA STATUTES. When a developer offers tenants an optional tenant relocation payment pursuant to s. 718.606(4), the notice of intended conversion shall contain a statement substantially as follows: When the rental agreement extension provisions of s. 718.606(6) are applicable to a conversion, subparagraphs 1.a. In addition to the associations right of access in paragraph (a) and regardless of whether authority is provided in the declaration or other recorded condominium documents, an association, at the sole discretion of the board, may enter an abandoned unit to inspect the unit and adjoining common elements; make repairs to the unit or to the common elements serving the unit, as needed; repair the unit if mold or deterioration is present; turn on the utilities for the unit; or otherwise maintain, preserve, or protect the unit and adjoining common elements. 89-161; s. 8, ch. [1] https://www.flsenate.gov/Session/Bill/2021/56/BillText/er/PDF, 1833 Hendry Street For purposes of this paragraph, a person is delinquent if a payment is not made by the due date as specifically identified in the declaration of condominium, bylaws, or articles of incorporation. ( Civ. Immediately following the applicable statement, the location in the disclosure materials where the lien or lien right is described in detail shall be stated. Sales or reservation deposits prior to closing. 2010-174; s. 6, ch. If, however, the first mortgage was recorded on or after April 1, 1992, or on the date the mortgage was recorded, the declaration included language incorporating by reference future amendments to this chapter, the provisions of paragraph (b) shall apply. The participation of condominium associations is essential to the states efforts to conserve and protect the states environmental resources and provide economic savings to drivers. 91-116. Assessment information and other information: a. This public policy prohibits the inclusion or enforcement of such escalation clauses in leases related to condominiums for which the declaration of condominium was recorded on or after June 4, 1975; it prohibits the enforcement of escalation clauses in leases related to condominiums for which the declaration of condominium was recorded prior to June 4, 1975, but which have been refused enforcement on the grounds that the parties agreed to be bound by subsequent amendments to the Florida Statutes or which have been found to be void because of a finding that such lease is unconscionable or which have been refused enforcement on the basis of the application of former s. 711.231 or former s. 718.401(8); and it prohibits any further escalation of rental fees after October 1, 1988, pursuant to escalation clauses in leases related to condominiums for which the declaration was recorded prior to June 4, 1975. 2011-196; s. 4, ch. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study. 88-90; s. 4, ch. Authority, responsibility, and duties of Division of Florida Condominiums, Timeshares, and Mobile Homes. Any former unit owner whose unit was granted homestead exemption status by the applicable county property appraiser as of the date of the recording of the plan of termination shall be paid a relocation payment in an amount equal to 1 percent of the termination proceeds allocated to the owners former unit. This paragraph is intended to clarify existing law and applies to associations existing on the effective date of this act. The developer shall distribute to tenants having a right of first refusal, if any: Information in summary form regarding mortgage financing; estimated down payment; alternative financing and down payments; monthly payments of principal, interest, and real estate taxes; and federal income tax benefits. Further, Florida statute and case law suggests special assessments may be imposed for improvements that are truly necessary for maintenance purposes; and, conversely, the material alteration exception may also apply to necessary renovations that are cheap and substandard. An officer or director charged by information or indictment with a crime referenced in this paragraph must be removed from office, and the vacancy shall be filled as provided in s. 718.112(2)(d)2. until the end of the officers or directors period of suspension or the end of his or her term of office, whichever occurs first. A fee may not be charged for an amended estoppel certificate. 84-368; s. 1, ch. 2021-99. 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. Assessments; liability; lien and priority; interest; collection. All costs of any action and interest from this day forward will also be charged to your account. 77-222; s. 262, ch. 7, 36, 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. The provisions of paragraphs (1)(d) and (e) apply but are not required to be stated in the lease. b. 77-221; s. 8, ch. 98-195; s. 1, ch. Completed units within each substantially completed building in a condominium development may be conveyed to purchasers, notwithstanding that other buildings in the condominium are not substantially completed, provided that all planned improvements, including, but not limited to, landscaping, utility services and access to the unit, and common-element facilities serving such building, as set forth in the declaration, are first completed and the declaration of condominium is first recorded and provided that as to the units being conveyed there is a certificate of a surveyor and mapper as required above, including certification that all planned improvements, including, but not limited to, landscaping, utility services and access to the unit, and common-element facilities serving the building in which the units to be conveyed are located have been substantially completed, and such certificate is recorded with the original declaration or as an amendment to such declaration. The journals or printed bills of the respective chambers should be consulted for official purposes. This subsection 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. 711.69 and 711.802 may continue to be used without amendment or may be amended to comply with this chapter. I of the State Constitution. The developer shall maintain separate records for each condominium or proposed condominium for which deposits are being accepted. Bids for materials, equipment, or services. An association may prepare, without a meeting of or approval by the unit owners: Compiled, reviewed, or audited financial statements, if the association is required to prepare a report of cash receipts and expenditures; Reviewed or audited financial statements, if the association is required to prepare compiled financial statements; or. 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. The notice must be posted and mailed or delivered at least 30 days prior to the filing of a petition seeking receivership. An estoppel certificate that is sent by regular mail has a 35-day effective period. The provisions of s. 718.618 do not affect a conversion of existing improvements when a developer has filed with the division prior to May 1, 1980, provided: The documents are proper for filing purposes; and, Records a declaration for such filing in accordance with part I of this chapter, and. Following termination of the condominium, the condominium property, association property, common surplus, and other assets of the association shall be held by the termination trustee pursuant to the plan of termination, as trustee for unit owners and holders of liens on the units, in their order of priority unless otherwise set forth in the plan of termination. Proxy questions relating to waiving or reducing the funding of reserves or using existing reserve funds for purposes other than purposes for which the reserves were intended must contain the following statement in capitalized, bold letters in a font size larger than any other used on the face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. The association shall ensure that the information and records described in paragraph (c), which are not allowed to be accessible to unit owners, are not posted on the associations website or application. s. 18, ch. If the condominium is part of a phase project, the following information shall be stated: A statement in conspicuous type in substantially the following form: THIS IS A PHASE CONDOMINIUM. 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. All property insurance deductibles and other damages in excess of property insurance coverage under the property insurance policies maintained by the association are a common expense of the condominium, except that: A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer. 79-314; s. 7, ch. 85-62; s. 1, ch. The tenant must pay the monetary obligations to the association until the association releases the tenant or the tenant discontinues tenancy in the unit. Unless the bylaws provide otherwise, any remaining vacancies shall be filled by the affirmative vote of the majority of the directors making up the newly constituted board even if the directors constitute less than a quorum or there is only one director. 76-222; s. 1, ch. At a minimum, a structural integrity reserve study must identify the common areas being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of the common areas being visually inspected, and provide a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each common area being visually inspected by the end of the estimated remaining useful life of each common area. 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. 87-117; s. 14, ch. 2022-269. The name of the association, which must be a corporation for profit or a corporation not for profit. This communication does not constitute legal advice and all interested individuals or entities are advised to seek legal counsel on the legislative changes discussed herein which may be affected by your associations governing documents. 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. Assessments; liability; lien and priority; interest; collection. s. 1, ch. Such relief would benefit existing unit owners and condominium associations. The association shall have the right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners. 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. The apportionment is deemed fair and reasonable if it is determined by any of the following methods: The respective values of the units based on the fair market values of the units immediately before the termination, as determined by one or more independent appraisers selected by the association or termination trustee; The respective values of the units based on the most recent market value of the units before the termination, as provided in the county property appraisers records; or. If the condominium association is a residential association proposed for termination pursuant to this section and, at the time of recording the plan of termination, at least 80 percent of the total voting interests are owned by a bulk owner, the plan of termination is subject to the following conditions and limitations: If the former condominium units are offered for lease to the public after the termination, each unit owner in occupancy immediately before the date of recording of the plan of termination may lease his or her former unit and remain in possession of the unit for 12 months after the effective date of the termination on the same terms as similar unit types within the property are being offered to the public. Any challenge to the election process must be commenced within 60 days after the election results are announced. The basis for allocating percentage of ownership among units in added phases shall be consistent with the basis for allocation made among the units originally in the condominium. However, the Legislature also finds that alternative dispute resolution should not be used as a mechanism to encourage the filing of frivolous or nuisance suits. 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. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED IN WRITING. A method to confirm, at least 14 days before the voting deadline, that the unit owners electronic device can successfully communicate with the online voting system. 84-368; s. 4, ch. ON N1R 7L6, Canada. A copy of the bylaws, which shall be attached as an exhibit. All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated condominium association or any other entity in which an association director is also a director or officer and financially interested. 99-6; s. 1, ch. This subparagraph is intended to clarify existing law. The association has a lien on each condominium parcel to secure the payment of assessments. Condos and Special Assessments The Good, Bad, and the Tragic After buying a condo, a unit owner will have to pay regular (usually monthly) assessments. When building repairs were necessary to protect common elements, Florida courts have held that condominium unit owners could be assessed for the repair costs, without their consent. In counties or municipalities in which certificates of occupancy or other evidences of completion sufficient to allow lawful occupancy are not customarily issued, for the purpose of this section, evidence of lawful occupancy shall be deemed to be given or issued upon the date that such lawful occupancy of the unit may first be allowed under prevailing applicable laws, ordinances, or statutes; The completion by the developer of the common elements and such recreational facilities, whether or not the same are common elements, which the developer is obligated to complete or provide under the terms of the written contract or written agreement for purchase or lease of the unit; or. 88-148; s. 15, ch. 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. Upon referral of a case to mediation, the parties must select a mutually acceptable mediator. Common elements; limited power to convey. 85-62; s. 6, ch. 94-350; s. 43, ch. The tenants landlord shall provide the tenant a credit against rents due to the landlord in the amount of moneys paid to the association. Restraint upon separation and partition of common elements. 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. If a developer-controlled association has maintained all insurance coverage required by s. 718.111(11)(a), common expenses incurred during the stated period resulting from a natural disaster or an act of God occurring during the stated period, which are not covered by proceeds from insurance maintained by the association, may be assessed against all unit owners owning units on the date of such natural disaster or act of God, and their respective successors and assigns, including the developer with respect to units owned by the developer. If the lessor wishes to sell his or her interest and has received a bona fide offer to purchase it, the lessor shall send the association and each unit owner a copy of the executed offer. 92-49; s. 1, 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. The amendment is effective when passed and approved and a certificate of amendment is executed and recorded as provided in subsections (2) and (3).