There shall not be any material alteration or substantial addition made to association real property operated by a multicondominium association, except as provided in the declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein. Evidence of compliance with this 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association. In a multicondominium association that has not consolidated its financial operations under subsection (6), any condominium operated by the association may opt out of the provisions of paragraph (j) with the approval of a majority of the total voting interests in that condominium. Within 30 days after the associations opt-out vote, notice of the results of the opt-out vote must be mailed or hand delivered to all unit owners. 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. 91-116; ss. If the unit is rented or leased during the pendency of the foreclosure action, the association is entitled to the appointment of a receiver to collect the rent. 2007-1; s. 4, ch. Publication of false and misleading information. 718.112 and 718.301 and this part. To establish procedures for the creation, sale, and operation of condominiums. Any tenant leasing a unit, and any other invitee occupying a unit. Buyer means a person who purchases a condominium unit. 81-225; s. 1, ch. 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. 98-322; s. 33, ch. Multicondominium means real property containing two or more condominiums, all of which are operated by the same association. Amendments to the declaration, articles of incorporation, or bylaws that adversely affect the priority of the mortgagees lien or the mortgagees rights to foreclose its lien or that otherwise materially affect the rights and interests of the mortgagees. For elections of the board, a method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot. 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. REGULATION AND DISCLOSURE PRIOR TO SALE OF RESIDENTIAL. 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. The division or a court of competent jurisdiction may not accept for filing a recall petition or court action, whether filed under subparagraph 1., subparagraph 2., subparagraph 4., or subparagraph 6., when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 60 or fewer days have elapsed since the election of the board member sought to be recalled. The purchase price of units acquired in bulk following a bankruptcy or foreclosure shall not be considered for purposes of determining fair market value. (a) The operation of the association shall be governed by the articles of incorporation if the association is incorporated, and the bylaws of the association, which shall be included as exhibits to the recorded declaration. Upon motion of any member, the contract or transaction shall be brought up for a vote and may be canceled by a majority vote of the members present. The Legislature declares that it is the public policy of this state to protect the interests of developers, lenders, unit owners, and condominium associations with regard to distressed condominiums, and that there is a need for relief from certain provisions of the Florida Condominium Act geared toward enabling economic opportunities for successor purchasers, including foreclosing mortgagees. 76-222; s. 6, ch. One percent of the original mortgage debt. The holder of a lien that encumbers a unit at the time of recording a plan must, within 30 days after the written request from the termination trustee, deliver a statement to the termination trustee confirming the outstanding amount of any obligations of the unit owner secured by the lien. 92-280; s. 1, ch. 79-314; s. 7, ch. 63-129; s. 5, ch. Nothing in this section shall be construed to require any filing with the division in the case of condominiums other than residential condominiums. 2007-173; s. 3, ch. Nothing in this subsection shall be construed to bestow upon any lien, mortgage, or certified judgment of record on April 1, 1992, including the lien for unpaid assessments created herein, a priority which, by law, the lien, mortgage, or judgment did not have before that date. A unit owner is entitled to the exclusive possession of his or her unit, subject to the provisions of s. 718.111(5). 2011-196; s. 6, ch. Board meetings held for the purpose of discussing personnel matters. If yes, specify the type and the amount of the fee. In addition to all other means provided by law for the enforcement of an injunction or temporary restraining order, the circuit court may impound or sequester the property of a party defendant, including books, papers, documents, and related records, and allow the examination and use of the property by the division and a court-appointed receiver or conservator. The document entitled Frequently Asked Questions and Answers required by s. 718.504. In addition to establishing the reserve accounts specified above, the developer shall establish those other reserve accounts required by s. 718.112(2)(f), and shall fund those accounts in accordance with the formula provided therein. If provided in the declaration, the developer may make nonmaterial changes in the legal description of a phase. e.An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the estoppel certificate is provided. Failure to have such written certification or educational certificate on file does not affect the validity of any board action. All notices from developers to tenants shall be deemed given when deposited in the United States mail, addressed to the tenants last known residence, which may be the address of the property subject to the rental agreement, and sent by certified or registered mail, postage prepaid. ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS CONDOMINIUM. A lease of recreational or other commonly used facilities entered into by the association or unit owners prior to the time when the control of the association is turned over to unit owners other than the developer shall grant to the lessee an option to purchase the leased property, payable in cash, on any anniversary date of the beginning of the lease term after the 10th anniversary, at a price then determined by agreement. 77-174; ss. 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. 90-151; s. 860, ch. Unit owner or owner of a unit means a record owner of legal title to a condominium parcel. 2014-209; s. 2, ch. The shares in the common elements appurtenant to units are undivided, and no action for partition of the common elements shall lie. If the certificate is requested in conjunction with the sale or mortgage of a unit but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the unit owner, the fee shall be refunded to that payor within 30 days after receipt of the request. Note that Chapter 719 does not specifically require a 45-day notice of intent to foreclose and instead indicates that liens for rents and assessments may be foreclosed in like manner as a foreclosure of a mortgage on real property. The governing body has made and recited in such measure its findings establishing the existence in fact of a housing emergency so grave as to constitute a serious menace to the general public and that such controls are necessary and proper to eliminate such grave housing emergency. 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. Notwithstanding the provisions of chapter 48, the association shall be a proper party to intervene in any foreclosure proceeding to seek equitable relief. 2000-302; s. 22, ch. The developer shall fund the converter reserve accounts in amounts calculated as follows: When the existing improvements include an air-conditioning system serving more than one unit or property which the association is responsible to repair, maintain, or replace, the developer shall fund an air-conditioning reserve account. However, an increase in assessments for common expenses without discrimination against the developer shall not be deemed to be detrimental to the sales of units. 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. This section does not apply to contracts for services or property made available for the convenience of unit owners by lessees or licensees of the association, such as coin-operated laundry, food, soft drink, or telephone vendors; cable television operators; retail store operators; businesses; restaurants; or similar vendors. unless the association governs 10 units or fewer and has opted out of the statutory election process, in which case the bylaws of the association control. It is the intent of the Legislature that nothing in this paragraph shall be construed as providing for or removing a requirement of a fiduciary relationship between any manager employed by the association and the unit owners. 76-262; s. 1, ch. 6. The emergency powers provision, Section 720.316, Fla. 90-151; s. 1, ch. 2004-345; s. 22, ch. If one or more phases are not built, the units which are built are entitled to 100 percent ownership of all common elements within the phases actually developed and added as a part of the condominium. The contract for the sale of a fee interest in a timeshare estate shall also contain, in conspicuous type, the following: FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A FEE INTEREST IN A TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY CONSIDERED THE TAXPAYER UNDER FLORIDA LAW. The apportionment is deemed fair and reasonable if it is determined by any of the following methods: The respective values of the units based on the fair market values of the units immediately before the termination, as determined by one or more independent appraisers selected by the association or termination trustee; The respective values of the units based on the most recent market value of the units before the termination, as provided in the county property appraisers records; or. 77-174; s. 9, ch. It is the intent of this subsection to clarify existing law. 95-211; s. 856, ch. 84-368; s. 5, ch. 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. In a partial termination, title to the surviving units and common elements that remain part of the condominium property specified in the plan of termination remain vested in the ownership shown in the public records and do not vest in the termination trustee. (Yes)(No). The holder of any encumbrance or leasehold of any easement has executed and recorded an agreement that the use-rights of each unit owner will not be terminated as long as the unit owner has not been evicted because of a default under the encumbrance or lease, and the use-rights of any mortgagee of a unit who has acquired title to a unit may not be terminated. In addition to subparagraph 6., the division may seek the imposition of a civil penalty through the circuit court for any violation for which the division may issue a notice to show cause under paragraph (r). All financial statements must be prepared in accordance with generally accepted accounting principles and must be audited in accordance with generally accepted auditing standards, as prescribed by the Florida Board of Accountancy, pursuant to chapter 473. The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting. s. 1, ch. No provision of the declaration shall be revised or amended by reference to its title or number only. Any director who willfully and knowingly fails to comply with these provisions. 90-151; s. 4, ch. Failure of a lease to contain all the enumerated elements shall neither preclude a determination of unconscionability of the lease nor raise a presumption as to its conscionability. 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. Unless the plan of termination expressly authorizes a unit owner or other person to retain the exclusive right to possess that portion of the real estate which formerly constituted the unit after termination or to use the common elements of the condominium after termination, all such rights in the unit and common elements automatically terminate on the effective date of termination. 2003-14; s. 1, ch. 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. Phone: (239) 542-3148 84-368; s. 20, ch. 2014-133; s. 69, ch. 2008-202; s. 6, ch. If the division finds that a developer, bulk assignee, bulk buyer, association, officer, or member of the board of administration, or its assignees or agents, is violating or is about to violate any provision of this chapter, any rule adopted or order issued by the division, or any written agreement entered into with the division, and presents an immediate danger to the public requiring an immediate final order, it may issue an emergency cease and desist order reciting with particularity the facts underlying such findings. The association may extinguish a discriminatory restriction as provided under s. 712.065. 79-347; ss. When executed as required by s. 718.104, a declaration together with all exhibits and all amendments is entitled to recordation as an agreement relating to the conveyance of land. The prospectus or offering circular must contain the following information: The front cover or the first page must contain only: The following statements in conspicuous type: THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT. The board may temporarily fill the vacancy during the period of suspension. 63-129; s. 7, ch. 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. The official records specified in subparagraphs (a)1.-6. must be permanently maintained from the inception of the association. If there is no condominium property where notices can be posted, notices shall be mailed, delivered, or electronically transmitted to each unit owner at least 14 days before the meeting. 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