florida condo special assessment rules

Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the developer in advertising and promotional materials, including, but not limited to, a prospectus, the items required as exhibits to a prospectus, brochures, and newspaper advertising, pays anything of value toward the purchase of a condominium parcel located in this state shall have a cause of action to rescind the contract or collect damages from the developer for his or her loss prior to the closing of the transaction. The association shall maintain insurance or fidelity bonding of all persons who control or disburse funds of the association. 76-222; s. 1, ch. Unit owners are responsible for the cost of reconstruction of any portions of the condominium property for which the unit owner is required to carry property insurance, or for which the unit owner is responsible under paragraph (j), and the cost of any such reconstruction work undertaken by the association is chargeable to the unit owner and enforceable as an assessment and may be collected in the manner provided for the collection of assessments pursuant to s. 718.116. 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. The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the unit owner meeting to recall one or more board members. Common surplus is owned by unit owners in the same shares as their ownership interest in the common elements. Electronic security measures that are used by the association to safeguard data, including passwords. Amendments to declarations of condominium providing for the transfer of use rights with respect to limited common elements are not amendments that materially modify unit appurtenances as described in s. 718.110(4). A unit owners consent to online voting is valid until the unit owner opts out of online voting according to the procedures established by the board of administration pursuant to subsection (4). Association property means that property, real and personal, which is owned or leased by, or is dedicated by a recorded plat to, the association for the use and benefit of its members. The lienors of an association in termination representing at least 50 percent of the outstanding amount of liens may petition the court for the appointment of a termination trustee, which shall be granted upon good cause shown. The division may impose a civil penalty individually against an officer or board member who willfully and knowingly violates this chapter, an adopted rule, or a final order of the division; may order the removal of such individual as an officer or from the board of administration or as an officer of the association; and may prohibit such individual from serving as an officer or on the board of a community association for a period of time. An estoppel certificate may be completed by any board member, authorized agent, or authorized representative of the association, including any authorized agent, authorized representative, or employee of a management company authorized to complete this form on behalf of the board or association. A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. 94-350; s. 3, ch. 97-102; s. 54, ch. The division may also temporarily revoke its acceptance of the filing for the developer to which the restitution relates until payment of restitution is made. 2014-209; s. 2, ch. Notice is deemed to have been delivered upon mailing as required by this subsection. REGULATION AND DISCLOSURE PRIOR TO SALE OF RESIDENTIAL. The liability of the tenant may not exceed the amount due from the tenant to the tenants landlord. Such vote may be approved by the voting interests without regard to any mortgagee consent requirements. If the unit owner or his or her successor decides there is no longer a need for the electric vehicle charging station or natural gas fuel station, such person is responsible for the cost of removal of such charging or fuel station. Any other information which the division publishes and by rule determines will assist tenants in making a decision and which the division makes available to the developer. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. 90-151; s. 22, ch. Operation or operation of the condominium includes the administration and management of the condominium property. Immediately following this statement, the location in the disclosure materials where the extent to which added residential buildings and units may substantially differ is described shall be stated. The officers and directors of the association have a fiduciary relationship to the unit owners. (Yes)(No). Each prospective purchaser who has entered into a contract for the purchase of a condominium unit is entitled, at the sellers expense, to a current copy of all of the following: Articles of incorporation of the association. An association that meets the criteria of this paragraph shall prepare a complete set of financial statements in accordance with generally accepted accounting principles. 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. The association is entitled to recover its reasonable attorneys fees incurred in either a lien foreclosure action or an action to recover a money judgment for unpaid assessments. 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 filing of a petition for arbitration shall toll the applicable statute of limitations. A copy of the current question and answer sheet as described in s. 718.504. Similarly, in P.S. However, if a financial information report did not exist before the acquisition of title by the bulk assignee or bulk buyer, and if accounting records that permit preparation of the required financial information report for that period cannot be obtained despite good faith efforts by the bulk assignee or the bulk buyer, the bulk assignee or bulk buyer is excused from the requirement of this paragraph. 78-328; s. 2, ch. 91-103; s. 5, ch. i. 2007-80; s. 6, ch. By January 1, 2019, an association managing a condominium with 150 or more units which does not contain timeshare units shall post digital copies of the documents specified in subparagraph 2. on its website or make such documents available through an application that can be downloaded on a mobile device. Board members must be sensitive and recognize that a special assessment may cause more financial hardship on some than others. A board member who is successful in challenging a recall is entitled to recover reasonable attorney fees and costs from the respondents. 1, 5, ch. 2002-27; s. 1, ch. 2018 Florida Statutes. If the condominium is created by conversion of existing improvements, the following information shall be stated: A caveat that there are no express warranties unless they are stated in writing by the developer. This subsection is intended to clarify existing law. 94-77; s. 231, ch. 77-174; s. 7, ch. Any services or obligations not stated on the face of the contract shall be unenforceable. In order to obtain a lease and exercise the right to retain exclusive possession of the unit owners former unit, the unit owner must make a written request to the termination trustee to rent the former unit within 90 days after the date the plan of termination is recorded. 2008-28; s. 2, ch. 81-54; s. 4, ch. This paragraph is intended to clarify existing law and applies to associations existing on the effective date of this act. Usually, unit owners just roll with the changes. 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. A copy of all covenants and restrictions that will affect the use of the property and are not contained in the foregoing. PLAN OF TERMINATION; REQUIRED PROVISIONS. Notice shall be provided as required for any regularly called meeting of the unit owners, and must state the purpose of the meeting. s. 1, ch. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study. For the purposes of this paragraph, the term previous owner does not include an association that acquires title to a delinquent property through foreclosure or by deed in lieu of foreclosure. The ombudsman shall maintain his or her principal office at a place convenient to the offices of the division which will enable the ombudsman to expeditiously carry out the duties and functions of his or her office. The vote to waive or reduce the funding or reserves required by s. 718.112(2)(f) does not affect or negate the obligations arising under this section. After the developer relinquishes control of the association, the developer may exercise the right to vote any developer-owned units in the same manner as any other unit owner except for purposes of reacquiring control of the association or selecting the majority members of the board of administration. 78-328; s. 17, ch. Any former unit owner whose unit was granted homestead exemption status by the applicable county property appraiser as of the date of the recording of the plan of termination shall be paid a relocation payment in an amount equal to 1 percent of the termination proceeds allocated to the owners former unit. 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. A contract that does not conform to the requirements of this paragraph is voidable at the option of the purchaser prior to closing. 2007-228; s. 5, ch. If a bulk assignee relinquishes control of the board of administration as set forth in s. 718.301, the bulk assignee must deliver all of those items required by s. 718.301(4). A mortgagee or its assignee may not be deemed a bulk assignee or a developer by reason of the acquisition of condominium units and receipt of an assignment of some or all of a developers rights unless the mortgagee or its assignee exercises any of the developer rights other than those described in subsection (2). 63-129; s. 7, ch. Evidence of compliance with this notice requirement must be made by affidavit executed by the person providing the notice and filed among the official records of the association. An election is not required if the number of vacancies equals or exceeds the number of candidates. 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. However, if the maintenance, repair, and replacement of the hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection are the responsibility of the unit owners pursuant to the declaration of condominium, the cost of the installation of the hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection is not a common expense and shall be charged individually to the unit owners based on the cost of installation of the hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection appurtenant to the unit. As required by this subsection THESE VOIDABILITY RIGHTS shall be unenforceable fees costs. Such vote may be approved by the voting interests without regard to any mortgagee consent.. Due from the respondents and applies to associations existing on the effective date of this shall. 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