s. 8, ch. Such an award shall include the costs and reasonable attorney fees incurred in the arbitration proceeding as well as the costs and reasonable attorney fees incurred in preparing for and attending any scheduled mediation. Protect state residents from health and safety hazards created by derelict, damaged, obsolete, or abandoned condominium properties. Fireproofing and fire protection systems. The division shall maintain separate revenue accounts in the trust fund for each of the businesses regulated by the division. Subsequent to the recording of the declaration, agreements acquiring these leaseholds, memberships, or other possessory or use interests which are not entered into within 12 months of 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, are a material alteration or substantial addition to the real property that is association property, and the association may not acquire or enter into such agreements except upon a vote of, or written consent by, a majority of the total voting interests or as authorized by the declaration as provided in s. 718.113. 2017-122; s. 6, ch. The provisions of this subsection shall not apply to timeshare condominium associations. If an action to determine whether the declaration or another condominium document complies with the mandatory requirements for the formation of a condominium is not brought within 3 years 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, the declaration and other documents will effectively create a condominium, as of the date the declaration was recorded, regardless of whether the documents substantially comply with the mandatory requirements of law. Unless a unit owner waives in writing the right to receive notice of the annual meeting, such notice must be hand delivered, mailed, or electronically transmitted to each unit owner. 2004-345; s. 2, ch. An amendment to extend the 7-year period shall require the approval of the owners necessary to amend the declaration of condominium pursuant to s. 718.110(1)(a). If timeshare estates are or may be created with respect to any unit in the condominium, a statement in conspicuous type stating that timeshare estates are created and being sold in units in the condominium. 4, 5, ch. The declaration may designate other parts of the condominium property as common elements. 718.112 and 718.301 and this part. Any portion of the condominium property that must be insured by the association against property loss pursuant to paragraph (f) which is damaged by an insurable event shall be reconstructed, repaired, or replaced as necessary by the association as a common expense. 81-185; s. 10, ch. Federal Condominium and Cooperative Abuse Relief Act of 1980; applicability. In the event of a conflict between the primary condominium declaration and the secondary condominium declaration, the primary condominium declaration controls. THE UNIT OWNERS FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or. However, the bulk assignee must provide an audit for the period during which the bulk assignee elects or appoints a majority of the members of the board of administration. Descriptions shall include location, areas, capacities, numbers, volumes, or sizes and may be stated as approximations or minimums. Stat., provides very little guidance with respect to special assessments (assessments that are outside of the ordinary budgeted assessments). 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. 2014-146; s. 89, ch. 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. This paragraph may be complied with by having a copy of the official records of the association available for inspection or copying on the condominium property or association property, or the association may offer the option of making the records available to a unit owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request. 97-102; s. 2, ch. As used in this paragraph, the term offer includes any solicitation to the general public by means of newspaper advertisement, radio, television, or written or printed sales literature or price list but does not include a transaction involving the sale of more than one unit to one purchaser. 85-342; s. 4, ch. The ombudsman or any employee of his or her office may not become a candidate for election to public office unless he or she first resigns from his or her office or employment. A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid on the account, and the balance due. 90-151; s. 5, ch. The liability of the tenant may not exceed the amount due from the tenant to the tenants landlord. 82-199; s. 4, ch. The statement of condition of the existing building or buildings, if the offering is of units in an operation being converted to condominium ownership. The articles of incorporation of the association, or other documents creating the association, and each amendment to the articles of incorporation or other documents. The provisions of this subsection are intended to clarify existing law, and shall not be available in any case where the unpaid assessments sought to be recovered by the association are secured by a lien recorded prior to the recording of the mortgage. The power to acquire personal property shall be exercised by the board of administration. 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. Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members is a majority of the voting interests. 2009-21; s. 11, ch. 2011-196; s. 4, ch. 2004-345; s. 6, ch. A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any assessment due to the association, is not eligible to be a candidate for board membership and may not be listed on the ballot. 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. A copy of the certificate of a surveyor and mapper recorded pursuant to s. 718.104(4)(e) or the recorded 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 occurred first. Creation of condominiums; contents of declaration. The notice may be sent with or after the notice required by subsection (15). 553.899 and 718.301(4)(p). Amendments to the Cooperative Act (719.108(4), F.S.) 81-185; s. 13, ch. All written warranties of the contractor, subcontractors, suppliers, and manufacturers, if any, that are still effective. Beginning on the first page of the text (not including the summary and index), a description of the condominium, including, but not limited to, the following information: A description of the condominium property, including, without limitation: The number of buildings, the number of units in each building, the number of bathrooms and bedrooms in each unit, and the total number of units, if the condominium is not a phase condominium, or the maximum number of buildings that may be contained within the condominium, the minimum and maximum numbers of units in each building, the minimum and maximum numbers of bathrooms and bedrooms that may be contained in each unit, and the maximum number of units that may be contained within the condominium, if the condominium is a phase condominium. The declaration of condominium as originally recorded, or as amended pursuant to procedures provided therein, may provide that condominium property consisting of freestanding buildings comprised of no more than one building in or on such unit need not be insured by the association if the declaration requires the unit owner to obtain adequate insurance for the condominium property. The notice must be in writing, in substantial conformity with the statute, and is required to be mailed by first class United States mail to the address of the owner on file with the association. The provisions of this paragraph 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. A report of cash receipts and disbursements must disclose the amount of receipts by accounts and receipt classifications and the amount of expenses by accounts and expense classifications, including, but not limited to, the following, as applicable: costs for security, professional and management fees and expenses, taxes, costs for recreation facilities, expenses for refuse collection and utility services, expenses for lawn care, costs for building maintenance and repair, insurance costs, administration and salary expenses, and reserves accumulated and expended for capital expenditures, deferred maintenance, and any other category for which the association maintains reserves. 81-185; s. 8, ch. 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. s. 1, ch. This paragraph is intended to clarify existing law and applies to associations existing on the effective date of this act. Unit owners may waive notice of specific meetings if allowed by the applicable bylaws or declaration or any law. 94-350; s. 36, ch. This section may apply to any matter that requires a vote of the unit owners who are not members of a timeshare condominium association. If the developer controls the board, assessments shall not exceed 115 percent of assessments for the prior fiscal year unless approved by a majority of all voting interests. Defend suits brought against the association. 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. The journals or printed bills of the respective chambers should be consulted for official purposes. 2012-61; s. 5, ch. 91-426; s. 6, ch. 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