The total number of units in all such buildings. 94-119; s. 851, ch. 79-314; s. 4, ch. For 90 days following receipt of the offer by the association or unit owners, the association or unit owners have the option to purchase the interest on the terms and conditions in the offer. Any audit or review prepared under this section shall be paid for by the developer if done before turnover of control of the association. PLAN OF TERMINATION; REQUIRED PROVISIONS. 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. Certain unit owners filed suit to attempt to stop the passing of the special assessment for this work. If unit owners other than the developer own 15 percent or more of the units in a condominium that will be operated ultimately by an association, the unit owners other than the developer are entitled to elect at least one-third of the members of the board of administration of the association. POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT, SUE, AND BE SUED; CONFLICT OF INTEREST. 77-174; s. 8, ch. 2. The accounting records must include, but are not limited to: Accurate, itemized, and detailed records of all receipts and expenditures. 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. Such notification shall not preclude the determination of reservation filing deficiencies at a later date, nor shall it relieve the developer of any responsibility under the law. By recording a notice in substantially the following form, a unit owner or the unit owners agent or attorney may require the association to enforce a recorded claim of lien against his or her condominium parcel: A release of lien must be in substantially the following form: The association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. Assessment information and other information: a. 77-222; s. 6, ch. The tenant shall have the right of first refusal to purchase the unit for a period of not less than 45 days after mailing or personal delivery of the purchase materials. The ombudsman must be an attorney admitted to practice before the Florida Supreme Court and shall serve at the pleasure of the Governor. 95-274; s. 859, ch. 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. The clerk of the circuit court recording the declaration may, for his or her convenience, file the exhibits of a declaration which contains graphic descriptions of improvements in a separate book, and shall indicate the place of filing upon the margin of the record of the declaration. If a complaint is made, the division must conduct its inquiry with due regard for the interests of the affected parties. s. 18, ch. After control of the association is obtained by unit owners other than the developer, the association may: Institute, maintain, settle, or appeal actions or hearings in its name on behalf of all unit owners concerning matters of common interest to most or all unit owners, including, but not limited to, the common elements; the roof and structural components of a building or other improvements; mechanical, electrical, and plumbing elements serving an improvement or a building; and representations of the developer pertaining to any existing or proposed commonly used facilities; Protest ad valorem taxes on commonly used facilities and on units; Defend actions pertaining to ad valorem taxation of commonly used facilities or units or in eminent domain actions; and. However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records of the county in which the condominium parcel is located. 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). Within 10 business days after receiving a written or electronic request therefor from a unit owner or the unit owners designee, or a unit mortgagee or the unit mortgagees designee, the association shall issue the estoppel certificate. The lien is not effective 1 year after the claim of lien was recorded unless, within that time, an action to enforce the lien is commenced. 83-216; s. 16, ch. Contract and do anything in the name of the association which is proper or convenient to terminate the affairs of the association. 7, 30, 32, ch. If more than one acquirer of condominium parcels in the same condominium receives an assignment of developer rights in addition to those rights described in s. 718.703(2), the bulk assignee is the acquirer whose instrument of assignment is recorded first in the public records of the county in which the condominium is located, and any subsequent purported bulk assignee may still qualify as a bulk buyer. 81-259; s. 21, ch. When determining the adequate amount of property insurance coverage, the association may consider deductibles as determined by this subsection. 2002-27; s. 4, ch. With respect to each timeshare unit, each owner of a timeshare estate therein is jointly and severally liable for the payment of all assessments and other charges levied against or with respect to that unit pursuant to the declaration or bylaws, except to the extent that the declaration or bylaws may provide to the contrary. An easement in airspace which is vacated shall be terminated automatically. 71-98; s. 3, ch. 2008-28; ss. All other contracts to which the association is a party. An estoppel certificate that is sent by regular mail has a 35-day effective period. The statement shall be substantiated by including, as an exhibit, an inspection report by a certified pest control operator. A board or committee members participation in a meeting via telephone, real-time videoconferencing, or similar real-time electronic or video communication counts toward a quorum, and such member may vote as if physically present. 81-172; s. 6, ch. The owner of a unit may be personally liable for the acts or omissions of the association in relation to the use of the common elements, but only to the extent of his or her pro rata share of that liability in the same percentage as his or her interest in the common elements, and then in no case shall that liability exceed the value of his or her unit. A condominium association may conduct bingo games as provided in s. 849.0931. s. 1, ch. If additional information or a mistake related to the estoppel certificate becomes known to the association within the effective period, an amended estoppel certificate may be delivered and becomes effective if a sale or refinancing of the unit has not been completed during the effective period. A plan of termination pursuant to s. 718.117. 77-174; s. 9, ch. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. 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. 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 date of a notice is the date when it is mailed to the tenant. If the recall is approved by a majority of all voting interests by a vote at a meeting, the recall will be effective as provided in this paragraph. The developer shall distribute to tenants having a right of first refusal, if any: Information in summary form regarding mortgage financing; estimated down payment; alternative financing and down payments; monthly payments of principal, interest, and real estate taxes; and federal income tax benefits. When the unit owner or the association has deposited the required funds into the registry of the court, the lessor may apply to the court for disbursement of all or part of the funds shown to be necessary for the payment of taxes, mortgage payments, maintenance and operating expenses, and other necessary expenses incident to maintaining and equipping the leased facilities or necessary for the payment of other expenses arising out of personal hardship resulting from the loss of rental income from the leased facilities. The members of the board of a residential condominium shall be elected by written ballot or voting machine. 2d 823 (Fla. 2nd DCA 1982), Cottrell v. Thornton, 449 So. 90-151; s. 15, ch. This is a clarification of existing law. Agreements entered into by the association. Unit owners membership and voting rights in the association. Committee 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. 2011-196; s. 6, ch. Nonmaterial errors or omissions in the amendment process will not invalidate an otherwise properly promulgated amendment. 4, 7, ch. If a unit owner presents the division with proof that the unit owner has requested access to official records in writing by certified mail, and that after 10 days the unit owner again made the same request for access to official records in writing by certified mail, and that more than 10 days has elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter, the division shall issue a subpoena requiring production of the requested records where the records are kept pursuant to s. 718.112. The developer shall fund the reserve account required by subsection (1), on a pro rata basis upon the sale of each unit. The order shall also provide for the payment of a reasonable fee to the receiver from the sources identified in the order, which may include rents, profits, incomes, maintenance fees, or special assessments collected from the condominium property. All of these leaseholds, memberships, and other possessory or use interests existing or created at the time of recording the declaration must be stated and fully described in the declaration. Forgery of a ballot envelope or voting certificate used in a condominium association election is punishable as provided in s. 831.01, the theft or embezzlement of funds of a condominium association is punishable as provided in s. 812.014, and the destruction of or the refusal to allow inspection or copying of an official record of a condominium association that is accessible to unit owners within the time periods required by general law in furtherance of any crime is punishable as tampering with physical evidence as provided in s. 918.13 or as obstruction of justice as provided in chapter 843. When a developer offers tenants an optional tenant relocation payment pursuant to s. 718.606(4), the notice of intended conversion shall contain a statement substantially as follows: When the rental agreement extension provisions of s. 718.606(6) are applicable to a conversion, subparagraphs 1.a. These changes make the Condominium Act and the Cooperative Act more consistent with the Homeowners Association Act which already required 45-day notices. The liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made. Such member or members shall be recalled effective immediately upon the conclusion of the board meeting, provided that the recall is facially valid. If a grant, reservation, or contract is so canceled and the unit owners other than the developer have not assumed control of the association, the association shall make a new contract or otherwise provide for maintenance, management, or operation in lieu of the canceled obligation, at the direction of the owners of not less than a majority of the voting interests in the condominium other than the voting interests owned by the developer. If the unit owner is current in payment of both assessments and other monetary obligations to the association and any mortgage encumbering the unit as of the date the plan of termination is recorded, the receipt by the holder of the units share of the proceeds of termination under the plan or the outstanding balance of the mortgage, whichever is less, shall be deemed to have satisfied the first mortgage in full. 77-457; ss. A policy or program providing such coverage may not be issued or renewed after July 1, 2008, unless it has been reviewed and approved by the Office of Insurance Regulation. 76-222; s. 1, ch. See Cottrell v. Thornton, 449 So. An association shall provide an annual report to the department containing the names of all of the financial institutions with which it maintains accounts, and a copy of such report may be obtained from the department upon written request of any association member. 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