s. 1, ch. s. 1, ch. (1) (a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. 90-151; s. 1, ch. 6. Accordingly, and notwithstanding any provision to the contrary contained in this section: As to any mortgage recorded on or after October 1, 2007, any provision in the declaration, articles of incorporation, or bylaws that requires the consent or joinder of some or all mortgagees of units or any other portion of the condominium property to or in amendments to the declaration, articles of incorporation, or bylaws or for any other matter shall be enforceable only as to the following matters: Those matters described in subsections (4) and (8). The election to aggregate the treatment of insurance premiums, deductibles, and excess damages constitutes an amendment to the declaration of all condominiums operated by the association, and the costs of insurance must be stated in the association budget. 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. Reimburse the association for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging station or natural gas fuel station within 14 days after receiving the associations insurance premium invoice. 2008-28; s. 26, ch. Transfer of association control; claims of defect by association. 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. A description of the terms of the lease or other agreements, including the length of the term; the rent payable, directly or indirectly, by each unit owner, and the total rent payable to the lessor, stated in monthly and annual amounts for the entire term of the lease; and a description of any option to purchase the property leased under any such lease, including the time the option may be exercised, the purchase price or how it is to be determined, the manner of payment, and whether the option may be exercised for a unit owners share or only as to the entire leased property. The petitioner may file a motion for summary judgment, together with supplemental affidavits, seeking a determination that the governmental entitys, business organizations, or individuals lawsuit has been brought in violation of this section. The accountant performing the audit shall examine to the extent necessary supporting documents and records, including the cash disbursements and related paid invoices to determine if expenditures were for association purposes and the billings, cash receipts, and related records to determine that the developer was charged and paid the proper amounts of assessments. A condominium unit owner may petition the court for an order dismissing the action or granting final judgment in favor of that condominium unit owner. The notice must specify the amount owed (including applicable late fees and interest) and allow the owner at least 30 days to pay the past due assessments without paying attorney fees. A developer may not close on any contract for sale or contract for a lease period of more than 5 years until the developer prepares and files with the division documents complying with the requirements of this chapter and the rules adopted by the division and until the division notifies the developer that the filing is proper and the developer prepares and delivers all documents required by s. 718.503(1)(b) to the prospective buyer. 77-174; s. 9, ch. Not less than 30 days before the first distribution, the termination trustee shall deliver by certified mail, return receipt requested, a notice of the estimated distribution to all unit owners, lienors of the condominium property, and lienors of each unit at their last known addresses stating a good faith estimate of the amount of the distributions to each class and the procedures and deadline for notifying the termination trustee of any objections to the amount. The failure by the developer to deliver such purchase materials within 90 days following the written notice of the intended conversion will automatically extend the rental agreement, any extension of the rental agreement provided for in s. 718.606, or any other extension of the rental agreement. In a residential condominium association of more than 10 units or in a residential condominium association that does not include timeshare units or timeshare interests, co-owners of a unit may not serve as members of the board of directors at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. 2015-2; s. 9, ch. The estimated items of expenses of the condominium and the association, except as excluded under paragraph (b), including, but not limited to, the following items, which shall be stated as an association expense collectible by assessments or as unit owners expenses payable to persons other than the association: Expenses for the association and condominium: Rent for recreational and other commonly used facilities. 91-429; s. 581, ch. The developer shall fund the reserve account required by subsection (1), on a pro rata basis upon the sale of each unit. i. 2021-135. To make recommendations to the division for changes in rules and procedures for the filing, investigation, and resolution of complaints filed by unit owners, associations, and managers. Residential condominium means a condominium consisting of two or more units, any of which are intended for use as a private temporary or permanent residence, except that a condominium is not a residential condominium if the use for which the units are intended is primarily commercial or industrial and not more than three units are intended to be used for private residence, and are intended to be used as housing for maintenance, managerial, janitorial, or other operational staff of the condominium. 99-3; s. 48, ch. Common elements means the portions of the condominium property not included in the units. Skip to Navigation | Skip to Main Content | Skip to Site Map. Declaration or declaration of condominium means the instrument or instruments by which a condominium is created, as they are from time to time amended. The taxes and special assessments levied against each condominium parcel shall constitute a lien only upon the condominium parcel assessed and upon no other portion of the condominium property. Unless otherwise provided in the primary condominium declaration, the owners of condominium parcels in the primary condominium that will not be part of the proposed secondary condominium and the holders of liens upon such primary condominium parcels shall not have approval rights regarding the creation of the secondary condominium or the contents of the secondary condominium declaration being submitted. If you have continuously been a resident of these apartments during the last 180 days and your rental agreement expires during the next 360 days, you may extend your rental agreement for up to 360 days after the date of this notice. A court may supersede the effect of this subsection by appointing a receiver. The division has authority to adopt rules pursuant to the Administrative Procedure Act to ensure the efficient and effective transition from developer control of a condominium to the establishment of a unit-owner-controlled association. 91-103; s. 5, ch. 5, 30, 32, ch. The document entitled Frequently Asked Questions and Answers required by s. 718.504. A unit owner may undertake reconstruction work on portions of the unit with the prior written consent of the board of administration. Failure of the survey to meet the standards of practice does not invalidate an otherwise validly created condominium. Creation of condominiums; contents of declaration. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. Any liability arising out of or in connection with actions taken by the board of administration or the developer-appointed directors before the bulk assignee elects or appoints a majority of the members of the board of administration. Unless approval by a greater percentage of the voting interests of an existing multicondominium association is expressly required in the declaration of an existing condominium, the declaration may be amended upon approval of at least a majority of the total voting interests of each condominium operated by the multicondominium association for the purpose of: Setting forth in the declaration the formula currently utilized, but not previously stated in the declaration, for determining the percentage or fractional shares of liability for the common expenses of the multicondominium association and ownership of the common surplus of the multicondominium association. 120.569 and 120.57. 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). The association, at its option, may include additional information in the estoppel certificate. Before turnover of control of an association by a developer to unit owners other than a developer under s. 718.301, the developer-controlled association may not vote to waive the reserves or reduce funding of the reserves. 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. If a developer-controlled association has maintained all insurance coverage required by s. If the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of unit owners other than the developer provides for the developer to be excused from payment of assessments under paragraph (a), only regular periodic assessments for common expenses as provided for in the declaration and prospectus and disclosed in the estimated operating budget shall be used for payment of common expenses during any period in which the developer is excused. The undersigned lienor, in consideration of the final payment in the amount of $, hereby waives and releases its lien and right to claim a lien for unpaid assessments through , (year), recorded in the Official Records Book at Page , of the public records of County, Florida, for the following described real property: UNIT NO. 86-175; s. 21, ch. An identification by letter, name, or number, or a combination thereof, of each unit within the land added to the condominium, to ensure that no unit in the condominium, including the additional land, will bear the same designation as any other unit. 97-102; s. 6, ch. Any member may make a motion to cancel the contract, but if no motion is made or if such motion fails to obtain the required majority at the next regular or special meeting, whichever occurs first, following the making of the contract, such contract shall be deemed ratified for the term therein expressed. Except as otherwise provided in subsection (1) and as set forth below, the lien is effective from and shall relate back to the recording of the original declaration of condominium, or, in the case of lien on a parcel located in a phase condominium, the last to occur of the recording of the original declaration or amendment thereto creating the parcel. The declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements or that the association shall provide the maintenance, either as a common expense or with the cost shared only by those 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. Nevertheless, the Legislature finds that a combination of certain onerous obligations and circumstances warrants the establishment of a rebuttable presumption of unconscionability of certain leases, as specified in subsection (1). Attorneys name and contact information if the account is delinquent and has been turned over to an attorney for collection. However, such distance requirement does not apply to an association governing a timeshare condominium. 82-199; s. 6, ch. Upon such refund, any interest shall be paid to the prospective purchaser, unless otherwise provided in the reservation agreement. The association intends to foreclose the lien and collect the unpaid amount within 45 days of this letter being provided to you. When determining the adequate amount of property insurance coverage, the association may consider deductibles as determined by this subsection. It is the intent of the Legislature that the provisions of Title VI of Pub. The original declaration of condominium, or an amendment to the declaration, which amendment has been approved by all unit owners and unit mortgagees and the developer, shall describe: The land which may become part of the condominium and the land on which each phase is to be built. Except in the case of an emergency, an association may not enter an abandoned unit until 2 days after notice of the associations intent to enter the unit has been mailed or hand-delivered to the owner at the address of the owner as reflected in the records of the association. 91-426; s. 39, ch. 2001-64; s. 9, ch. Failure to include the allegations or proof of compliance with these prerequisites requires dismissal of the petition without prejudice. An association may not prohibit a law enforcement officer, as defined in s. 943.10(1), who is a unit owner, or who is a tenant, guest, or invitee of a unit owner, from parking his or her assigned law enforcement vehicle in an area where the unit owner, or the tenant, guest, or invitee of the unit owner, otherwise has a right to park. Such deposit may be reduced to the extent the developer has funded the reserve account in excess of the minimum reserve account funding required by this subsection. 79-314; s. 11, ch. b. The notice requirements of this subsection do not apply if an action to foreclose a mortgage on the condominium unit is pending before any court; if the rights of the association would be affected by such foreclosure; and if actual, constructive, or substitute service of process has been made on the unit owner. The journals or printed bills of the respective chambers should be consulted for official purposes. To encourage and facilitate voluntary meetings with and between unit owners, boards of directors, board members, community association managers, and other affected parties when the meetings may assist in resolving a dispute within a community association before a person submits a dispute for a formal or administrative remedy. and b. of the notice of intended conversion shall read as follows: Notice of intended conversion may not be waived by a tenant unless the tenants lease conspicuously states that the building is to be converted and the other tenants residing in the building have previously received a notice of intended conversion. 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. If an association sends out an invoice for assessments or a units statement of the account described in s. An election is not required if the number of vacancies equals or exceeds the number of candidates. Restraint upon separation and partition of common elements. The share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit. 97-102; s. 7, ch. A condominium unit owner policy must conform to the requirements of s. 627.714. 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. 1, 3, ch. Bids for work to be performed are also considered official records and must be maintained by the association for at least 1 year after receipt of the bid. Obligations of owners and occupants; remedies. 97-301; s. 12, ch. s. 1, ch. A unit owner may not be excused from payment of the unit owners share of common expenses unless all other unit owners are likewise proportionately excluded from payment, except as provided in subsection (1) and in the following cases: If authorized by the declaration, a developer who is offering units for sale may elect to be excused from payment of assessments against those unsold units for a stated period of time after the declaration is recorded. 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. 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 relationship of any board member to the bulk owner or any person or entity affiliated with the bulk owner subject to disclosure pursuant to this subparagraph. Such record must be maintained by the association for 15 years after receipt of the report. 2022-269. The lease or a subordination agreement executed by the lessor must provide either: That any lien which encumbers a unit for rent or other moneys or exactions payable is subordinate to any mortgage held by an institutional lender, or. Immediately following the applicable statement, the location in the disclosure materials where the development is described in detail shall be stated. The notice may be sent with or after the notice required by subsection (15). All Rights Reserved. 91-426; s. 6, ch. 90-151; s. 8, ch. Descriptions shall include location, areas, capacities, numbers, volumes, or sizes and may be stated as approximations or minimums. f.Is there a capital contribution fee, resale fee, transfer fee, or other fee due? The survey, graphic description, and plot plan may be in the form of exhibits consisting of building plans, floor plans, maps, surveys, or sketches. The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagees acquisition of title is limited to the lesser of: The units unpaid common expenses and regular periodic assessments which accrued or came due during the 12 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or. Graphic descriptions of improvements constituting exhibits to a declaration, when accompanied by the certificate of a surveyor required by s. 718.104, may be recorded as a part of a declaration without approval of any public body or officer. If the parties do not agree to continue arbitration, the arbitrator shall enter an order of dismissal, and either party may institute a suit in a court of competent jurisdiction. No fee may be charged for this information. 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. The notice must be given by delivery of a copy of it to the unit owner or by certified or registered mail, return receipt requested, addressed to the unit owner at his or her last known address; and, upon such mailing, the notice shall be deemed to have been given, and the court shall proceed with the foreclosure action and may award attorney fees and costs as permitted by law. A copy of the agreement for escrow of payments made to the developer prior to closing. In lieu of summaries, complete copies of the bids may be posted. If, during the period prior to the time that the developer relinquishes control of the association pursuant to subsection (4), any provision of the Condominium Act or any rule promulgated thereunder is violated by the association, the developer is responsible for such violation and is subject to the administrative action provided in this chapter for such violation or violations and is liable for such violation or violations to third parties. 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. Condominiums are created as authorized by statute and are subject to covenants that encumber the land and restrict the use of real property. In the event there shall not be a written contract or agreement for sale or lease of the unit, then the completion by the developer of the common elements and such recreational facilities, whether or not the same are common elements, which the developer would be obligated to complete under any rule of law applicable to the developers obligation. Statutes, Video Broadcast The ground lease or other underlying lease of the condominium. 91-426; s. 1, ch. Unit owners other than the developer are entitled to elect at least a majority of the members of the board of administration of an association, upon the first to occur of any of the following events: Three years after 50 percent of the units that will be operated ultimately by the association have been conveyed to purchasers; Three months after 90 percent of the units that will be operated ultimately by the association have been conveyed to purchasers; When all the units that will be operated ultimately by the association have been completed, some of them have been conveyed to purchasers, and none of the others are being offered for sale by the developer in the ordinary course of business; When some of the units have been conveyed to purchasers and none of the others are being constructed or offered for sale by the developer in the ordinary course of business; When the developer files a petition seeking protection in bankruptcy; When a receiver for the developer is appointed by a circuit court and is not discharged within 30 days after such appointment, unless the court determines within 30 days after appointment of the receiver that transfer of control would be detrimental to the association or its members; or. 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