Attorneys name and contact information if the account is delinquent and has been turned over to an attorney for collection. c.The next installment of the regular periodic assessment is due (insert due date) in the amount of $. Specifically, Section 718.112(f)2.a, Florida Statutes states "the budget must include reserve accounts for capital expenditures and deferred maintenance. An arbitration decision is final in those disputes in which the parties have agreed to be bound. In order to properly pass a condominium special assessment, a condominium board must exercise good business judgment, consult the condominium documents, as well as the Florida Condominium Act. s. 8, ch. This letter shall serve as the associations notice of intent to record a Claim of Lien against your property no sooner than 45 days after your receipt of this letter, unless you pay in full the amounts set forth below: Certified mail charges (dates)$. A survey of the land which meets the standards of practice established by the Board of Professional Surveyors and Mappers, pursuant to s. 472.027, and a graphic description of the improvements in which units are located and a plot plan thereof that, together with the declaration, are in sufficient detail to identify the common elements and each unit and their relative locations and approximate dimensions. However, if broadcast notice is used in lieu of a notice physically posted on condominium property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section. The warranty shall inure to the benefit of each owner and successor owner. That the replacement or renewal at least met the requirements of the then-applicable building code. Fort Myers, FL 33901 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. 26, 30, 32, ch. The notice and hearing requirements under subsection (3) do not apply to a suspension imposed under this subsection. If the maintenance is to be by the association at the expense of only those entitled to use the limited common elements, the declaration shall describe in detail the method of apportioning such costs among those entitled to use the limited common elements, and the association may use the provisions of s. 718.116 to enforce payment of the shares of such costs by the unit owners entitled to use the limited common elements. 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. All tangible personal property that is property of the association, which is represented by the developer to be part of the common elements or which is ostensibly part of the common elements, and an inventory of that property. 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. Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord pursuant to chapter 83. There shall not be any material alteration or substantial addition made to association real property operated by a multicondominium association, except as provided in the declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein. In order to extend the rental agreement as provided in subsection (1), a tenant shall, within 45 days after the date of the written notice of intended conversion, give written notice to the developer of the intention to extend the rental agreement. All contracts as further described herein or any contract that is not to be fully performed within 1 year after the making thereof, for the purchase, lease, or renting of materials or equipment to be used by the association in accomplishing its purposes under this chapter, and all contracts for the provision of services, shall be in writing. Florida condominium law provides that any item that has a deferred maintenance expense or replacement cost of greater than $10,000 must have a reserve account. 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. 98-195; s. 57, ch. To creditors of the association, as their interests appear. 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. 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. However, the failure to complete the investigation within 90 days does not prevent the division from continuing the investigation, accepting or considering evidence obtained or received after 90 days, or taking administrative action if reasonable cause exists to believe that a violation of this chapter or a rule has occurred. 4. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property. If a receiver is appointed, all unit owners shall be given written notice of such appointment as provided in s. 718.127. With respect to a condominium that is not a timeshare condominium, a residential unit includes a unit intended as a private temporary or permanent residence as well as a unit not intended for commercial or industrial use. 85-342; s. 4, ch. This column is dedicated to the memory of Gary Poliakoff, pioneer of the community association legal industry, tireless advocate, and author of treatises, books and hundreds of articles. Nothing contained herein shall excuse a party contracting to provide maintenance or management services from compliance with s. 718.3025. s. 13, ch. All other written records of the association not specifically included in the foregoing which are related to the operation of the association. Descriptions shall include location, areas, capacities, numbers, volumes, or sizes and may be stated as approximations or minimums. 1. If the addition or enlargement of facilities will result in a material increase of a unit owners maintenance expense or rental expense, if any, the maximum increase and limitations thereon shall be stated. 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. 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. Unit owners are responsible for the cost of reconstruction of any portions of the condominium property for which the unit owner is required to carry property insurance, or for which the unit owner is responsible under paragraph (j), and the cost of any such reconstruction work undertaken by the association is chargeable to the unit owner and enforceable as an assessment and may be collected in the manner provided for the collection of assessments pursuant to s. 718.116. 2015-175; s. 4, ch. Within 10 days after the filing of a petition as provided in this paragraph and in lieu of the requirements of paragraph (15)(a), the petitioner shall record the proposed plan of termination and mail a copy of the proposed plan and a copy of the petition to: If the association has not been dissolved as a matter of law, each member of the board of directors of the association identified in the most recent annual report filed with the Department of State and the registered agent of the association; The managing entity as defined in s. 721.05(22); Each unit owner and each timeshare estate owner at the address reflected in the official records of the association, or, if the association records cannot be obtained by the petitioner, each unit owner and each timeshare estate owner at the address listed in the office of the tax collector for tax notices; and. The Legislature finds that the procurement of mortgagee consent to amendments that do not affect the rights or interests of mortgagees is an unreasonable and substantial logistical and financial burden on the unit owners and that there is a compelling state interest in enabling the members of a condominium association to approve amendments to the condominium documents through legal means. Contract and do anything in the name of the association which is proper or convenient to terminate the affairs of the association. A copy of all covenants and restrictions that will affect the use of the property and are not contained in the foregoing. On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the division in writing, by e-mail, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or e-mail address provided by the division and on a form posted on the divisions website: The number of buildings on the condominium property that are three stories or higher in height. Associations with 10 or fewer units may opt out of the provisions of this section if two-thirds of the unit owners vote to do so, which opt-out may be accomplished by a proxy specifically setting forth the exception from this section. 83.59-83.625 as if the association were a landlord under part II of chapter 83 if the tenant fails to pay a required payment to the association after written demand has been made to the tenant. Upon the payment, the lienor shall release the lien of record for that condominium parcel. 76-222; s. 4, ch. An association may operate more than one condominium. 2017-122; s. 6, ch. If the developer or any other person has the right to increase or add to the recreational facilities at any time after the establishment of the condominium whose unit owners have use rights therein, without the consent of the unit owners or associations being required, there shall appear a statement in conspicuous type in substantially the following form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S). Every escrow agent shall be independent of the developer, and no developer or any officer, director, affiliate, subsidiary, or employee of a developer may serve as escrow agent. Notice is deemed to have been delivered upon mailing as required by this paragraph. 79-314; s. 7, ch. Publications, Help Searching A certified copy of the articles of incorporation of the association, or other documents creating the association, and each amendment thereto. Skip to Navigation | Skip to Main Content | Skip to Site Map. 2007-226; s. 11, ch. 84-368; s. 12, ch. A list of the names and addresses of all contractors, subcontractors, and suppliers utilized in the construction or remodeling of the improvements and in the landscaping of the condominium or association property which the developer had knowledge of at any time in the development of the condominium. 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. Dues can go up when the condo board creates a new budget. The architect or engineer shall determine the age of the component from the later of: The date when the component or structure was replaced or substantially renewed, if the replacement or renewal of the component at least met the requirements of the then-applicable building code; or. Fee for the preparation and delivery of the estoppel certificate: 8. 2014-17; s. 9, ch. Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). TO: (Name and address of association) You are notified that the undersigned contests the claim of lien filed by you on , (year), and recorded in Official Records Book at Page , of the public records of County, Florida, and that the time within which you may file suit to enforce your lien is limited to 90 days from the date of service of this notice. 97-102; s. 50, ch. If for any reason such transaction is not concluded within the 60 days, the offer shall have been abandoned, and the provisions of this subsection shall be reimposed. Creation of condominiums; contents of declaration. 88-90; s. 83, ch. 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. The association may use the address provided in the original recorded mortgage document, unless there is a different address for the holder of the mortgage in a recorded assignment or modification of the mortgage, which recorded assignment or modification must reference the official records book and page on which the original mortgage was recorded. Bulk buyer means a person who acquires more than seven condominium parcels in a single condominium as set forth in s. 718.707, but who does not receive an assignment of any developer rights, or receives only some or all of the following rights: The right to conduct sales, leasing, and marketing activities within the condominium; The right to be exempt from the payment of working capital contributions to the condominium association arising out of, or in connection with, the bulk buyers acquisition of the units; and. Generally speaking, an analysis of whether your governing documents or the statute control is a complicated legal question that cant be broadly answered. Notwithstanding the provisions of chapter 48, the association shall be a proper party to intervene in any foreclosure proceeding to seek equitable relief. Electronic security measures that are used by the association to safeguard data, including passwords. 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