Plot plans, attached as an exhibit, must show the approximate location of all existing and proposed buildings and improvements that may ultimately be contained within the condominium. Condominium property means the lands, leaseholds, and personal property that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. The provisions of subsection (9), to the extent inconsistent with this paragraph, and subsection (16) are not applicable to a party contesting a plan of termination under this paragraph. 2. 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 bylaw. s. 6, ch. 2008-28; s. 2, ch. 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. Whether or not timeshare estates will or may be created with respect to units in any phase and, if so, the degree, quantity, nature, and extent of such estates, specifying the minimum duration of the recurring periods of rights of use, possession, or occupancy that may be established with respect to any unit. THE ABOVE DESCRIPTION INCLUDES, BUT IS NOT LIMITED TO, ALL APPURTENANCES TO THE CONDOMINIUM UNIT ABOVE DESCRIBED, INCLUDING THE UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF SAID CONDOMINIUM. Every developer who holds a unit or units for sale in a condominium shall submit to the division any amendments to documents or items on file with the division and deliver to purchasers all amendments prior to closing, but in no event, later than 10 days after the amendment. The association may issue notice under s. The tenant does not, by virtue of payment of monetary obligations to the association, have any of the rights of a unit owner to vote in any election or to examine the books and records of the association. 92-49; s. 34, ch. 78-340; s. 9, ch. Fee for the preparation and delivery of the estoppel certificate: 8. 718.104, 718.403, and 718.504(6), (7), and (9) without a vote of the unit owners and any rights the developer may have in the declaration to amend without consent of the unit owners which shall be limited to matters other than those under subsections (4) and (8), shall be evidenced by a certificate of the association which shall include the recording data identifying the declaration and shall be executed in the form required for the execution of a deed. An amendment must describe the time period within which all phases must be added to the condominium, and such time period may not exceed 10 years from the date of the recording of the certificate of a surveyor and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first. A bulk assignee is deemed to have assumed and is liable for all duties and responsibilities of the developer under the declaration and this chapter upon its acquisition of title to units and continuously thereafter, except that it is not liable for: Warranties of the developer under s. 718.203(1) or s. 718.618, except as expressly provided by the bulk assignee in a prospectus or offering circular, or the contract for purchase and sale executed with a purchaser, or for design, construction, development, or repair work performed by or on behalf of the bulk assignee. The tenant may extend the rental agreement for the full extension period or a part of the period. Condominium means that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements. Notwithstanding any other provision of this part, a bulk assignee or a bulk buyer is not required to comply with the filing or disclosure requirements of subsections (1) and (2) if all of the units owned by the bulk assignee or bulk buyer are offered and conveyed to a single purchaser in a single transaction. Creation of condominiums; contents of declaration. 718.1225 Federal Condominium and Cooperative Abuse Relief Act of 1980; applicability. Evidence demonstrating that the developer has an ownership, leasehold, or contractual interest in the land upon which the condominium is to be developed. An amendment to the declaration of condominium which adds land to the condominium shall be recorded in the public records of the county where the land is located and shall be executed and acknowledged in compliance with the same requirements as for a deed. Condominium property divided into fee timeshare real property shall be assessed for purposes of ad valorem taxes and special assessments as provided in s. 192.037. s. 1, ch. The amended provisions of this section do not affect a conversion of existing improvements when a developer has filed a notice of intended conversion and the documents required by s. 718.503 or s. 718.504, as applicable, with the division prior to the effective date of this law, provided: The documents are proper for filing purposes. If the board fails to duly notice and hold a board meeting within 5 full business days after service of an agreement in writing or within 5 full business days after the adjournment of the unit owner recall meeting, the recall is deemed effective and the board members so recalled shall turn over to the board within 10 full business days after the vote any and all records and property of the association. A rebuttable presumption that an association mailed a notice in accordance with this subsection is established if a board member, officer, or agent of the association, or a manager licensed under part VIII of chapter 468, provides a sworn affidavit attesting to such mailing. 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. This liability is without prejudice to any right the owner may have to recover from the previous owner the amounts paid by the owner. If fewer than all members of an association share the expenses of cable or video service, the expense shall be shared equally by all participating unit owners. An association and its authorized agent are not liable for providing such information in good faith pursuant to a written request if the person providing the information includes a written statement in substantially the following form: The responses herein are made in good faith and to the best of my ability as to their accuracy.. As used in this section, the term relative means a relative within the third degree of consanguinity by blood or marriage. This subparagraph does not limit the term of a member of the board of a nonresidential or timeshare condominium. 718.1224 Prohibition against SLAPP suits. 2008-240; s. 11, ch. 82-199; s. 5, ch. Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association, whether before or after assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall not be in conflict with the powers and duties of the association or the rights of the unit owners as provided in this chapter. In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property. The estimated current replacement cost of the component as of the date of the report, expressed: As a per-unit amount, based upon each units proportional share of the common expenses. s. 1, ch. Unless otherwise expressed in the declaration of condominium, if a condominium is created within a condominium parcel, the term: Primary condominium means any condominium that is not a secondary condominium and contains one or more subdivided parcels. 76-222; s. 4, ch. Distribution shall be made as soon as is reasonably consistent with the beneficial liquidation of the assets. The responsibility of the board and of owners with respect to maintenance of the condominium property. 97-102; s. 5, ch. 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. 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. However, in all events your right to purchase the unit ends when the rental agreement or any extension of the rental agreement ends or when you waive this right in writing. 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. Always offer time to react, be transparent about the associations financial health, andkeep homeowners in the loopregarding a potential assessment. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration. Relocate the associations principal office or designate alternative principal offices. 2008-240; s. 12, ch. 77-222; s. 5, ch. The provisions of this section do not apply if the lessor is the Government of the United States or this state or any political subdivision thereof or any agency of any political subdivision thereof. An identification of each room or other facility to be used by unit owners that will not be owned by the unit owners or the association; A reference to the location in the disclosure materials of the lease or other agreements providing for the use of those facilities; and. Each associations governing documents may also have varying language on when the association may proceed with collections by virtue of varying grace periods in the governing documents for payment of assessments. 78-328; s. 8, ch. Name(s) of the unit owner(s) as reflected in the books and records of the association: 4. Board meetings held for the purpose of discussing personnel matters. s. 1, ch. The operation of the association shall be governed by the articles of incorporation if the association is incorporated, and the bylaws of the association, which shall be included as exhibits to the recorded declaration. When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant. In stating the minimum and maximum numbers of units, the difference between the minimum and maximum numbers shall not be greater than 20 percent of the maximum. Homeowners are more likely to resist or be suspicious if they feel blind-sided by a special assessment. 718.503 and 718.504, if applicable. An annual meeting of the unit owners must be held at the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting must be held within 45 miles of the condominium property. 2009-21; s. 10, ch. This chapter does not limit the use of general or limited proxies, require the use of general or limited proxies, or require the use of a written ballot or voting machine for any agenda item or election at any meeting of a timeshare condominium association or nonresidential condominium association. 91-426; s. 12, ch. 1. 91-103; ss. A rebuttable presumption of a conflict of interest exists if any of the following occurs without prior notice, as required in subsection (5): A director or an officer, or a relative of a director or an officer, enters into a contract for goods or services with the association. If the association operates more than one condominium and the unit owners other than the developer have not assumed control of the association, and if unit owners other than the developer own at least 75 percent of the voting interests in a condominium operated by the association, any grant, reservation, or contract for maintenance, management, or operation of buildings containing the units in that condominium or of improvements used only by unit owners of that condominium may be canceled by concurrence of the owners of at least 75 percent of the voting interests in the condominium other than the voting interests owned by the developer. The term purchaser may be used interchangeably with the term buyer.. Liens that encumber a unit shall, unless otherwise provided in the plan of termination, be transferred to the proceeds of sale of the condominium property and the proceeds of sale or other distribution of association property, common surplus, or other association assets attributable to such unit in their same priority. 97-102; s. 7, ch. As to mortgages recorded before October 1, 2007, any existing provisions in the declaration, articles of incorporation, or bylaws requiring mortgagee consent shall be enforceable. Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, shall be fair and reasonable. 92-49; s. 232, ch. I of the State Constitution. 2010-174; s. 10, ch. Written notice of an annual meeting must include an agenda; be mailed, hand delivered, or electronically transmitted to each unit owner at least 14 days before the annual meeting; and be posted in a conspicuous place on the condominium property or association property at least 14 continuous days before the annual meeting. Any person, with a little trial and error, can download those documents from the county website. [1] https://www.flsenate.gov/Session/Bill/2021/56/BillText/er/PDF, 1833 Hendry Street 80-323; s. 2, ch. An officer or manager of the association, or other person providing notice of such meeting, shall execute an affidavit evidencing compliance with such notice requirement, and such affidavit shall be filed among the official records of the association. 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. If a director or an officer, or a relative of a director or an officer, proposes to engage in an activity that is a conflict of interest, as described in subsection (1), the proposed activity must be listed on, and all contracts and transactional documents related to the proposed activity must be attached to, the meeting agenda. 98-322; s. 74, ch. 80-3; s. 14, ch. 88-148; s. 2, ch. 2, 3, 5, ch. s. 1, ch. 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. Notice of any meeting in which regular or special assessments against unit owners . 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. For purposes of this subsection, the term actual costs includes, but is not limited to, expenditures for demolition, site clearing, permit fees, impact fees, and utility reservation fees, as well as architectural, engineering, and surveying fees that directly relate to construction and development of the condominium property. 78-328; s. 16, ch. s. 1, ch. Special assessments, under the Florida Condominium Act, are those assessments imposed against condominium unit owners, other than those assessments required by the associations annual budget. If a condominium board votes to pass a special assessment, such a decision will be subject to the business judgment rule. Audited financial statements if the association is required to prepare reviewed financial statements. If the condominium is a conversion of existing improvements, the statements and disclosure required by s. 718.616. The prospectus or offering circular may include more than one condominium, although not all such units are being offered for sale as of the date of the prospectus or offering circular. The division must compile a list of the number of buildings on condominium property that are three stories or higher in height, which is searchable by county, and must post the list on the divisions website. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period. A condominium which contains both commercial and residential units is a mixed-use condominium and is subject to the requirements of s. 718.404. 97-102; s. 14, ch. 76-222; s. 14, ch. 82-113; ss. 2000-302; s. 7, 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. It is the intent of the Legislature that the ombudsman act as a neutral resource for both the rights and responsibilities of unit owners, associations, and board members. 86-175; s. 18, ch. The regular periodic assessment is paid through (insert date paid through). 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