If a criminal charge is pending against the officer or director, he or she may not be appointed or elected to a position as an officer or a director of any association and may not have access to the official records of any association, except pursuant to a court order. The notice may be sent with or after the notice required by subsection (15). 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. 81-318; ss. 84-368; s. 5, ch. 2011-196; s. 11, ch. 91-103; s. 1, ch. A supplemental report shall be prepared for any structure or component that is renovated or repaired after completion of the original report and prior to the recording of the declaration of condominium. 2004-345; s. 2, ch. 78-328; s. 17, ch. 2002-27; s. 5, ch. 84-368; s. 2, ch. Nothing contained herein is intended to limit the ability of an association to obtain needed products and services in an emergency. 2008-28; s. 4, ch. An assignment of developer rights to a bulk assignee may be made by a developer, a previous bulk assignee, a mortgagee or assignee who has acquired title to the units and received an assignment of rights, or a court acting on behalf of the developer or the previous bulk assignee if such developer rights are held by the predecessor in title to the bulk assignee. To act as liaison between the division, unit owners, boards of directors, board members, community association managers, and other affected parties. Contain the following caveat in conspicuous type on the first page of the contract: ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. If the association fails to fill the vacancies within 30 days after the notice required by subsection (1) is posted and mailed or delivered, the unit owner may proceed with the petition. The division may prepare and disseminate a prospectus and other information to assist prospective owners, purchasers, lessees, and developers of residential condominiums in assessing the rights, privileges, and duties pertaining thereto. A statement of the minimum and maximum number of condominiums, and the minimum and maximum number of units in each of those condominiums, which will or may be operated by the association, and the latest date by which the exact number will be finally determined. (1) CORPORATE ENTITY. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. 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. A director of an association of a residential condominium who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph. 87-117; s. 14, ch. The Legislature finds that the use of electric and natural gas fuel vehicles conserves and protects the states environmental resources, provides significant economic savings to drivers, and serves an important public interest. The division must compile a list of the number of buildings on condominium property that are three stories or higher in height, which is searchable by county, and must post the list on the divisions website. The amount of the reserve account shall be the product of the estimated current replacement cost of the system, as disclosed and substantiated pursuant to s. 718.616(3)(b), multiplied by a fraction, the numerator of which shall be the lesser of the age of the system in years or 9, and the denominator of which shall be 10. 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. In addition to the prospectus or offering circular, each buyer shall be furnished a separate page entitled Frequently Asked Questions and Answers, which shall be in accordance with a format approved by the division and a copy of the financial information required by s. 718.111. If your rental agreement, including extensions and renewals, has an unexpired term of 180 days or less, you may, however, upon 30 days written notice cancel any extension of the rental agreement. [1] Accordingly, the changes provided therein will become effective on July 1, 2021. 553.899 and 718.301(4)(p), as applicable. The estimated monthly and annual expenses of each unit owner for a unit, other than common expenses paid by all unit owners, payable by the unit owner to persons or entities other than the association, as well as to the association, including fees assessed pursuant to s. 718.113(1) for maintenance of limited common elements where such costs are shared only by those entitled to use the limited common element, and the total estimated monthly and annual expense. 88-90; s. 4, ch. No written contract between a party contracting to provide maintenance or management services and an association which contract provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be valid or enforceable unless the contract: Specifies the services, obligations, and responsibilities of the party contracting to provide maintenance or management services to the unit owners. Unless otherwise provided in the declaration as originally recorded, no amendment may change the configuration or size of any unit in any material fashion, materially alter or modify the appurtenances to the unit, or change the proportion or percentage by which the unit owner shares the common expenses of the condominium and owns the common surplus of the condominium unless the record owner of the unit and all record owners of liens on the unit join in the execution of the amendment and unless all the record owners of all other units in the same condominium approve the amendment. 79-314; s. 1, ch. Any person who knowingly or intentionally defaces or destroys such records, or who knowingly or intentionally fails to create or maintain such records, with the intent of causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). Any challenge to the election process must be commenced within 60 days after the election results are announced. An association and its officers, directors, employees, and agents may not use a debit card issued in the name of the association, or billed directly to the association, for the payment of any association expense. All costs arising out of, or related to, the appointment and activities of a receiver or attorney ad litem acting for the owner in the event that the owner is unable to be located. The term purchaser may be used interchangeably with the term buyer.. Special assessments should only be used to pay for unanticipated items or expenses not considered in the corporations budget or reserve fund planning. 2009-21; s. 10, ch. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee. s. 5, ch. Unconscionability of certain leases; rebuttable presumption. 120.569 and 120.57. [1] https://www.flsenate.gov/Session/Bill/2021/56/BillText/er/PDF, 1833 Hendry Street 84-368; s. 64, ch. An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owners tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. 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. Stat., says that the board has the authority to levy special assessments without a membership vote, regardless of the declaration or other governing documents, if the assessment is in response to damage caused by an event for which a state of emergency is declared (this is clearly intended to relate to hurricane damage, but I can imagine situations where it would be relevant to the COVID emergency, as wellfor example covering a COVID-related shortfall in operating funds, or funding a continuing testing program in a very large HOA with many employees). If there is a contract for the management of the condominium property, then a statement in conspicuous type in substantially the following form shall appear, identifying the proposed or existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE CONTRACT MANAGER). Only the board of administration of the primary condominium association, the owner of the subdivided parcel, and the holders of liens upon the subdivided parcel shall have approval rights regarding the creation of the secondary condominium and the contents of the secondary condominium declaration. PLAN OF TERMINATION; REQUIRED PROVISIONS. 2004-279; s. 12, ch. Immediately following this statement, the location in the disclosure materials where the restriction, limitation, or control on the sale, lease, or transfer of units is described in detail shall be stated. Upon payment in full, the person making the payment is entitled to a satisfaction of the lien. It becomes impossible to operate or reconstruct a condominium to its prior physical configuration because of land use laws or regulations. 91-103; s. 5, ch. The financial information required by s. 718.111(13). 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). 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. Common expenses means all expenses properly incurred by the association in the performance of its duties, including expenses specified in s. 718.115. Each holder of a recorded mortgage lien affecting a unit or timeshare estate at the address appearing on the recorded mortgage or any recorded assignment thereof. If rent under the lease is a fixed amount for the full duration of the lease, and the rent thereunder is payable by a person or persons other than the association or the unit owners, the division director has the discretion to accept alternative assurances which are sufficient to secure the payment of rent, including, but not limited to, annuities with an insurance company authorized to do business in this state, the beneficiary of which shall be the association, or cash deposits in trust, the beneficiary of which shall be the association, which deposit shall be in an amount sufficient to generate interest sufficient to meet lease payments as they occur. 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