5, 33, 34, ch. Notice is deemed to have been delivered upon mailing as required by this subsection, provided that it is in substantially the following form: s. 1, ch. 77-174; s. 11, ch. The association shall, upon request, provide the tenant with written receipts for payments made. If a developer, bulk assignee, or bulk buyer fails to pay any restitution determined by the division to be owed, plus any accrued interest at the highest rate permitted by law, within 30 days after expiration of any appellate time period of a final order requiring payment of restitution or the conclusion of any appeal thereof, whichever is later, the division must bring an action in circuit or county court on behalf of any association, class of unit owners, lessees, or purchasers for restitution, declaratory relief, injunctive relief, or any other available remedy. Land means the surface of a legally described parcel of real property and includes, unless otherwise specified in the declaration and whether separate from or including such surface, airspace lying above and subterranean space lying below such surface. 76-222; s. 1, ch. This paragraph is intended to clarify existing law and applies to associations existing on the effective date of this act. For the purpose of any investigation under this chapter, the division director or any officer or employee designated by the division director may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Structural integrity reserve study means a study of the reserve funds required for future major repairs and replacement of the common areas based on a visual inspection of the common areas. Failure of the survey to meet the standards of practice does not invalidate an otherwise validly created condominium. The tenant may extend the rental agreement for the full extension period or a part of the period. All provisions of a declaration relating to a condominium parcel which has been sold for taxes or special assessments survive and are enforceable after the issuance of a tax deed or masters deed, upon foreclosure of an assessment, a certificate or lien, a tax deed, tax certificate, or tax lien, to the same extent that they would be enforceable against a voluntary grantee of the title immediately prior to the delivery of the tax deed, masters deed, or clerks certificate of title as provided in s. 197.573. A statement in conspicuous type describing whether the condominium is created and being sold as fee simple interests or as leasehold interests. 2008-240; s. 12, ch. 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. The estimated operating budget for the condominium, the required schedule of unit owners expenses, and the associations most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study. Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by unit owners, which must be maintained for 1 year from the date of the election, vote, or meeting to which the document relates, notwithstanding paragraph (b). b. 77-221; s. 7, ch. However, any association which was in existence on January 1, 1977, need not be incorporated. 2010-174; s. 40, ch. 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. To establish procedures for the creation, sale, and operation of condominiums. 82-113; s. 4, ch. 97-102; s. 1, 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. 77-457; ss. 2021-99; s. 8, ch. 97-102; s. 7, ch. An association may not refuse the request of a unit owner for a reasonable accommodation for the attachment on the mantel or frame of the door of the unit owner of a religious object not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep. j. A reservation deposit shall not be released directly to the developer except as a down payment on the purchase price simultaneously with or subsequent to the execution of a contract. 98-195; s. 3, ch. The name of the association, which must be a corporation for profit or a corporation not for profit. 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. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions as are contained in the declaration of condominium, articles, or bylaws of the association. A copy of the current rules of the association. A unit owner may tape record or videotape a meeting of the unit owners subject to reasonable rules adopted by the division. Javascript must be enabled for site search. 1. Attorneys name and contact information if the account is delinquent and has been turned over to an attorney for collection. A present unit owners liability for unpaid assessments is limited to any unpaid assessments that accrued before the association acquired title to the delinquent property through foreclosure or by deed in lieu of foreclosure. The specific purpose or purposes of any special assessment, including any contingent special assessment levied in conjunction with the purchase of an insurance policy authorized by s. If the unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all monetary obligations of the unit owner related to the unit have been paid in full to the association. Notice of any meeting in which regular or special assessments against unit owners are to be considered must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments. The developer shall establish the reserve account, as provided in this section, in the name of the association at a bank, savings and loan association, or trust company located in this state. 2014-19. The accounting records must include, but are not limited to: Accurate, itemized, and detailed records of all receipts and expenditures. The developer shall pay the common expenses of a multicondominium association, including the funding of reserves as provided in the adopted annual budget of the association, which are allocated to units within a condominium affected by a guarantee and which exceed the regular periodic assessments against all other unit owners within that condominium. If all parties agree, the dispute must be referred to mediation. 2004-353; s. 134, ch. Summaries of bids for materials, equipment, or services which exceed $500 must be maintained on the website or application for 1 year. Board members must be sensitive and recognize that a special assessment may cause more financial hardship on some than others. 2008-240. Before the institution of court litigation, a party to a dispute, other than an election or recall dispute, shall either petition the division for nonbinding arbitration or initiate presuit mediation as provided in subsection (5). If, in any recreation format, whether leasehold, club, or other, any person other than the association has the right to a lien on the units to secure the payment of assessments, rent, or other exactions, there shall appear a statement in conspicuous type in substantially the following form: THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE RECREATION LEASE. If there is an omission or error in a declaration of condominium, or any other document required to establish the condominium, and the omission or error would affect the valid existence of the condominium, the circuit court may entertain a petition of one or more of the unit owners in the condominium, or of the association, to correct the error or omission, and the action may be a class action. This paragraph does not apply to timeshare condominium associations, which shall be governed by s. 721.24. After the date of a notice of intended conversion, a tenant may terminate any rental agreement, or any extension period having an unexpired term of 180 days or less, upon 30 days written notice to the developer. The Legislature recognizes that strategic lawsuits against public participation, or SLAPP suits, as they are typically referred to, have occurred when association members are sued by individuals, business entities, or governmental entities arising out of a condominium unit owners appearance and presentation before a governmental entity on matters related to the condominium association. The form of unit lease if the offer is of a leasehold. Evidence demonstrating that the developer has an ownership, leasehold, or contractual interest in the land upon which the condominium is to be developed. The power to acquire personal property shall be exercised by the board of administration. Recreational and other commonly used facilities or amenities which the developer has committed to provide that will be owned, leased by, or dedicated by a recorded plat to the association but which are not included within any condominium operated by the association. Section 720.315, Fla. 2017-188. Approval of the contract or other transaction requires an affirmative vote of two-thirds of all other directors present. 2007-80. Every developer of a residential condominium which contains more than 20 residential units, or which is part of a group of residential condominiums which will be served by property to be used in common by unit owners of more than 20 residential units, shall prepare a prospectus or offering circular and file it with the Division of Florida Condominiums, Timeshares, and Mobile Homes prior to entering into an enforceable contract of purchase and sale of any unit or lease of a unit for more than 5 years and shall furnish a copy of the prospectus or offering circular to each buyer. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property or association property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal. After such notice is provided to each owner, a copy of such notice shall be provided by the current owner to a new owner prior to closing and shall be provided by a unit owner to a renter prior to signing a lease. THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS APPLICABLE, EXCEPT FOR DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF OF THE SELLER; and. Assessments are fees that all owners are legally required to pay. In any action for relief under this section or under s. 718.503, the prevailing party shall be entitled to recover reasonable attorneys fees. 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. The running of the tenants 45-day right of first refusal and the additional 10-day period provided for by paragraph (1)(c), if applicable. Such form shall be provided by the division summarizing governance of condominium associations. Creation of condominiums; contents of declaration. For a period of 1 year after completion of all construction, a warranty as to all other improvements and materials. Tenants given such notices shall have a right of first refusal as provided by s. 718.612. Sales brochures, if any, shall be provided to each purchaser, and the following caveat in conspicuous type shall be placed on the inside front cover or on the first page containing text material of the sales brochure, or otherwise conspicuously displayed: ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE DEVELOPER. 2015-97; s. 1, ch. 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. For purposes of this subsection, the term successor or assignee as used with respect to a first mortgagee includes only a subsequent holder of the first mortgage. 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. 2007-173; s. 8, ch. 77-174; s. 2, ch. In any such action brought to compel compliance with the provisions of s. 718.301, the prevailing party is entitled to recover reasonable attorneys fees. 2008-240; s. 7, ch. 95-274; s. 854, ch. Distribution shall be made as soon as is reasonably consistent with the beneficial liquidation of the assets. If an association receives a request for an estoppel certificate from a unit owner or the unit owners designee, or a unit mortgagee or the unit mortgagees designee, and fails to deliver the estoppel certificate within 10 business days, a fee may not be charged for the preparation and delivery of that estoppel certificate. If a unit owner is more than 90 days delinquent in paying a fee, fine, or other monetary obligation due to the association, the association may suspend the right of the unit owner or the units occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the fee, fine, or other monetary obligation is paid in full. The responsibility of the board and of owners with respect to maintenance of the condominium property. A party contracting to provide maintenance or management services to an association managing a residential condominium after transfer of control of the association, as provided in s. 718.301, which is not a timeshare condominium association, or an officer or board member of such party, may not purchase a unit at a foreclosure sale resulting from the associations foreclosure of association lien for unpaid assessments or take a deed in lieu of foreclosure. However, if so defined in the declaration, the term land may mean all or any portion of the airspace or subterranean space between two legally identifiable elevations and may exclude the surface of a parcel of real property and may mean any combination of the foregoing, whether or not contiguous, or may mean a condominium unit. For the purposes of this section, a certificate of a surveyor and mapper means certification by a surveyor and mapper in the form provided in this paragraph and may include, along with certification by a surveyor and mapper, when appropriate, certification by an architect or engineer authorized to practice in this state. Legal description of condominium parcels. 2021-99. However, it is the public policy of this state that governmental entities, business organizations, and individuals not engage in SLAPP suits, because such actions are inconsistent with the right of condominium unit owners to participate in the states institutions of government. Alternative dispute resolution; mediation; nonbinding arbitration; applicability. The statement of inspection for termite damage and treatment of the existing improvements, if the condominium is a conversion. For those amendments requiring mortgagee consent on or after October 1, 2007, in the event mortgagee consent is provided other than by properly recorded joinder, such consent shall be evidenced by affidavit of the association recorded in the public records of the county where the declaration is recorded. Rules and regulations in an HOA, pursuant to a recent amendment to the HOA Act, must now be recorded in the public records. Notwithstanding any remedies available to unit owners and associations, if the division has reasonable cause to believe that a violation of any provision of this chapter or related rule has occurred, the division may institute enforcement proceedings in its own name against any developer, bulk assignee, bulk buyer, association, officer, or member of the board of administration, or its assignees or agents, as follows: The division may permit a person whose conduct or actions may be under investigation to waive formal proceedings and enter into a consent proceeding whereby orders, rules, or letters of censure or warning, whether formal or informal, may be entered against the person. 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. Each swimming pool, as to its general location, approximate size and depths, approximate deck size and capacity, and whether heated. The suspensions permitted by paragraph (3)(a) and subsections (4) and (5) apply to a member and, when appropriate, the members tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple units owned by a member. The board's response shall either give a substantive response to the inquirer, notify the inquirer that a legal opinion has been requested, or notify the inquirer that . FURTHER, YOU MAY EXTEND YOUR RENTAL AGREEMENT AS FOLLOWS: a. 84-368; s. 7, ch. No grant, reservation, or contract for maintenance, management, or operation of recreational areas or any other property serving more than one condominium, and operated by more than one association, may be canceled except pursuant to paragraph (d). 2014-74; s. 3, ch. Prohibition of discrimination against nonpurchasing tenants. 77-222; s. 6, ch. 97-102. A bulk assignee or a bulk buyer must comply with s. 718.302 regarding any contracts entered into by the association during the period the bulk assignee or bulk buyer maintains control of the board of administration. Bylaws. If a person licensed under part I of chapter 475 provides to or otherwise obtains for a prospective purchaser the documents described in this subsection, the person is not liable for any error or inaccuracy contained in the documents. 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. Immediately following this statement, the location in the disclosure materials where the phasing is described shall be stated. If the division determines that the conditions required by this section have been met and that the plan complies with the procedural requirements of this section, the division shall authorize the termination, and the termination may proceed pursuant to this section. 2013-188. The ombudsman shall make recommendations he or she deems appropriate for legislation relative to division procedures, rules, jurisdiction, personnel, and functions. Unit owners shall be provided all of the rights and protections contained in s. 718.302 regarding agreements entered into by the association which are under the control of the developer, bulk assignee, or bulk buyer. c.IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE DATE OF THIS NOTICE. To the extent the cost of repair or reconstruction for which the unit owner is responsible under this paragraph is reimbursed to the association by insurance proceeds, and the association has collected the cost of such repair or reconstruction from the unit owner, the association shall reimburse the unit owner without the waiver of any rights of subrogation. The identity of the developer and the chief operating officer or principal directing the creation and sale of the condominium and a statement of its and his or her experience in this field. If the notice is not given within 45 days after the receipt of the filing, the plan of termination is presumed to be accepted. 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. 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). Funds shall be released from escrow as follows: If a buyer properly terminates the contract pursuant to its terms or pursuant to this chapter, the funds shall be paid to the buyer together with any interest earned. The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) . 2022-269. 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. To the degree that the warranty program does not meet the minimum requirements of this chapter, such requirements shall apply. The notice requirements of this subsection are satisfied if the unit owner records a notice of contest of lien as provided in subsection (5). Unit owners membership and voting rights in the association. However, both before and after the expiration of this 3-year period, the circuit court has jurisdiction to entertain a petition permitted under this subsection for the correction of the documentation, and other methods of amendment may be utilized to correct the errors or omissions at any time. 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. The regular periodic assessment levied against the unit is $ per (insert frequency of payment). The developer of a timeshare condominium may reserve specific rights in the declaration to amend the declaration without the consent of the unit owners. Developer disclosure prior to sale; nondeveloper unit owner disclosure prior to sale; voidability. 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