florida condo special assessment rulesflorida condo special assessment rules

Following the recording of the declaration, a description of a condominium parcel by the number or other designation by which the unit is identified in the declaration, together with the recording data identifying the declaration, shall be a sufficient legal description for all purposes. 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. 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. A copy of all covenants and restrictions that will affect the use of the property and are not contained in the foregoing. 97-102; s. 6, ch. All written warranties of the contractor, subcontractors, suppliers, and manufacturers, if any, that are still effective. Any expense incurred by an association pursuant to this paragraph is chargeable to the unit owner and enforceable as an assessment pursuant to s. 718.116, and the association may use its lien authority provided by s. 718.116 to enforce collection of the expense. All costs of any action and interest from this day forward will also be charged to your account. Notwithstanding paragraph (a), a condominium that includes units and timeshare estates where the improvements have been totally destroyed or demolished may be terminated pursuant to a plan of termination proposed by a unit owner upon the filing of a petition in court seeking equitable relief. In any case in which the party contracting to provide maintenance or management services fails to provide such services in accordance with the contract, the association is authorized to procure such services from some other party and shall be entitled to collect any fees or charges paid for service performed by another party from the party contracting to provide maintenance or management services. The legal description of the land being added to the condominium. The form of agreement for sale or lease of units. Before turnover of control of an association by a developer to unit owners other than a developer under s. 718.301, the developer-controlled association may not vote to waive the reserves or reduce funding of the reserves. Except as otherwise permitted in subsections (8) and (9) and in s. 718.114, no association may acquire, convey, lease, or mortgage association real property except in the manner provided in the declaration, and if the declaration does not specify the procedure, then approval of 75 percent of the total voting interests shall be required. 91-103; ss. Name(s) of the unit owner(s) as reflected in the books and records of the association: 4. s. 38, ch. 76-222; s. 1, ch. All common expenses due to the primary condominium association with respect to a subdivided parcel are a common expense of the secondary condominium association and shall be collected by the secondary condominium association from its members and paid to the primary condominium association. (1) (a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. 2003-14; s. 6, ch. Disclaimer: The information on this system is unverified. For purposes of this subsection, the term actual costs includes, but is not limited to, expenditures for demolition, site clearing, permit fees, impact fees, and utility reservation fees, as well as architectural, engineering, and surveying fees that directly relate to construction and development of the condominium property. The Legislature finds that individuals and entities within this state and in other states have expressed interest in purchasing unsold inventory in one or more condominium projects, but are reticent to do so because of accompanying liabilities inherited from the original developer, which are by definition imputed to the successor purchaser, including a foreclosing mortgagee. Website designed byIntrigue. If a developer, in good faith, has attempted to comply with the requirements of this part, and if, in fact, he or she has substantially complied with the disclosure requirements of this chapter, nonmaterial errors or omissions in the disclosure materials shall not be actionable. 91-426; s. 3, ch. 77-221; s. 7, ch. Upon approval, the association must notify the unit owner and, if applicable, the units occupant, licensee, or invitee by mail or hand delivery. Implement a disaster plan or an emergency plan before, during, or following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners. 2000-302; s. 20, ch. 81-318; ss. 2017-93; s. 2, ch. 85-62; s. 1, ch. 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. 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. If the addition or enlargement of facilities will result in a material increase of a unit owners maintenance expense or rental expense, if any, the maximum increase and limitations thereon shall be stated. A condominium which contains both commercial and residential units is a mixed-use condominium and is subject to the requirements of s. 718.404. If possible, the board should hold a specific meeting before adopting a special assessment. 91-426; s. 7, ch. An association waives the right to collect any moneys owed in excess of the amounts specified in the estoppel certificate from any person who in good faith relies upon the estoppel certificate and from the persons successors and assigns. 78-340; s. 1, ch. 2008-28; s. 5, ch. A general description of the items of personal property, and the approximate number of each item of personal property, that the developer is committing to furnish for each room or other facility or, in the alternative, a representation as to the minimum amount of expenditure that will be made to purchase the personal property for the facility. All audits, reviews, accounting statements, structural integrity reserve studies, and financial reports of the association or condominium. 79-314; s. 3, ch. 94-218; s. 299, ch. Federal Condominium and Cooperative Abuse Relief Act of 1980; applicability. If the declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein do not specify the procedure for approving an alteration or addition to association real property, the approval of 75 percent of the total voting interests of the association is required before the material alterations or substantial additions are commenced. 97-102; s. 1, ch. 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. The only voting interests that are eligible to vote on questions that involve waiving or reducing the funding of reserves, or using existing reserve funds for purposes other than purposes for which the reserves were intended, are the voting interests of the units subject to assessment to fund the reserves in question. 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. The option shall be exercised upon approval by owners of two-thirds of the units served by the leased property. OF (NAME OF CONDOMINIUM), A CONDOMINIUM AS SET FORTH IN THE DECLARATION OF CONDOMINIUM AND THE EXHIBITS ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS BOOK , PAGE , OF THE PUBLIC RECORDS OF COUNTY, FLORIDA. A sworn affidavit by a Board member, officer, or agent of the association, or a licensed manager, attesting to the mailing of this notice will establish a rebuttable presumption that the association complied with the notice and delivery requirements for this 30-day notice of late assessments. The tenants landlord shall provide the tenant a credit against rents due to the landlord in the amount of moneys paid to the association. Any notices required to be sent to the mortgagees under this paragraph shall be sent to all available addresses provided to the association. 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. 97-102; s. 7, ch. 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. 79-314; s. 1, ch. Where conspicuous type is required, it must be separated on all sides from other type and print. 1, 3, ch. 76-222; s. 1, ch. Labor performed on or materials furnished for the installation of a natural gas fuel station or an electric vehicle charging station under s. 718.113(8) may not be the basis for filing a lien under part I of chapter 713 against the association, but such a lien may be filed against the unit owner. The amount of the funding shall be the product of the estimated current replacement cost of the roofing component, 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 roof in years or the numerator listed in the following table. If your rental agreement began or was extended or renewed after May 1, 1980, and your rental agreement, including extensions and renewals, has an unexpired term of 180 days or less, you may cancel your rental agreement upon 30 days written notice and move. The tenants landlord shall provide the tenant a credit against rents due to the landlord in the amount of moneys paid to the association. This part shall be known and may be cited as the Roth Act in memory of Mr. James S. Roth, Director, Division of Florida Land Sales and Condominiums, 1979-1980. Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be fair and reasonable, and such grant, reservation, or contract may be canceled by unit owners other than the developer: If the association operates only one condominium and the unit owners other than the developer have assumed control of the association, or if unit owners other than the developer own not less than 75 percent of the voting interests in the condominium, the cancellation shall be by concurrence of the owners of not less than 75 percent of the voting interests other than the voting interests owned by the developer. The financial information required by s. 718.111(13). For the purpose of any investigation under this chapter, the division director or any officer or employee designated by the division director may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Unless otherwise provided in the plan of termination, at any time before the sale of the condominium property, a plan may be withdrawn or modified by the affirmative vote or written agreement of at least the same percentage of voting interests in the condominium as that which was required for the initial approval of the plan. The taxes and special assessments levied against each condominium parcel shall constitute a lien only upon the condominium parcel assessed and upon no other portion of the condominium property. 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. For purposes of this subparagraph, the term fair market value means the price of a unit that a seller is willing to accept and a buyer is willing to pay on the open market in an arms-length transaction based on similar units sold in other condominiums, including units sold in bulk purchases but excluding units sold at wholesale or distressed prices. The tenant may extend the rental agreement for the full extension period or a part of the period. Board meetings held for the purpose of discussing personnel matters. All costs associated with the election monitoring process shall be paid by the association. All common elements, common areas, and recreational facilities serving any condominium shall be available to unit owners in the condominium or condominiums served thereby and their invited guests for the use intended for such common elements, common areas, and recreational facilities, subject to the provisions of s. 718.106(4). Special assessments, under the Florida Condominium Act, are those assessments imposed against condominium unit owners, other than those assessments required by the associations annual budget. 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. 2008-240. 91-67; s. 7, ch. ), and the Homeowners Association Act (720.3085(3), F.S.) 2011-196. However, the visual inspection portion of the structural integrity reserve study must be performed by an engineer licensed under chapter 471 or an architect licensed under chapter 481. This provision shall not prohibit adding additional land or personal property in accordance with the terms of the lease, provided there is no increase in rent or material increase in maintenance costs to the individual unit owner. During the extension of your rental agreement you will be charged the same rent that you are now paying. The developer shall be deemed to have granted to the purchaser of each unit an implied warranty of fitness and merchantability for the purposes or uses intended as follows: As to each unit, a warranty for 3 years commencing with the completion of the building containing the unit. 2021-99. The declaration must contain or provide for the following matters: A statement submitting the property to condominium ownership. 2008-240; s. 2, ch. 91-426; s. 6, ch. s. 9, ch. To the degree that the warranty program does not meet the minimum requirements of this chapter, such requirements shall apply. The notice must be given by delivery of a copy of it to the unit owner or by certified or registered mail, return receipt requested, addressed to the unit owner at his or her last known address; and, upon such mailing, the notice shall be deemed to have been given, and the court shall proceed with the foreclosure action and may award attorney fees and costs as permitted by law. 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. If a condominium created on or after July 1, 2000, is or may become part of a multicondominium, the following information must be provided: A statement in conspicuous type in substantially the following form: THIS CONDOMINIUM IS (MAY BE) PART OF A MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL (MAY) BE OPERATED BY THE SAME ASSOCIATION. The recorded bylaws of the association and each amendment to the bylaws. Bulk buyer means a person who acquires more than seven condominium parcels in a single condominium as set forth in s. 718.707, but who does not receive an assignment of any developer rights, or receives only some or all of the following rights: The right to conduct sales, leasing, and marketing activities within the condominium; The right to be exempt from the payment of working capital contributions to the condominium association arising out of, or in connection with, the bulk buyers acquisition of the units; and. 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). A renter of a unit has a right to inspect and copy only the declaration of condominium, the associations bylaws and rules, and the inspection reports described in ss. The Condominium Act is similar, and also provides very little guidance. Are special assessments also addressed in Chapter 720? s. 1, ch. Actions at law or in equity, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against: Directors designated by the developer, for actions taken by them before control of the association is assumed by unit owners other than the developer. A unit owner in a residential condominium desiring to be a candidate for board membership must comply with sub-subparagraph 4.a. The division shall adopt a rule establishing procedures for the appointment of election monitors and the scope and extent of the monitors role in the election process. An association with total annual revenues of less than $150,000 shall prepare a report of cash receipts and expenditures. Levying a special assessment in Florida requires knowledge of certain provisions of the Condominium Act (Chapter 718, Florida Statutes) and your association's governing documents. Pursuant to section 718.116(11), Florida Statutes, the association demands that you pay your rent directly to the condominium association and continue doing so until the association notifies you otherwise. 97-102; s. 14, ch. Before a plan of termination is presented to the unit owners for consideration pursuant to this paragraph, the plan must include the following written disclosures in a sworn statement: The identity of any person or entity that owns or controls 25 percent or more of the units in the condominium and, if the units are owned by an artificial entity or entities, a disclosure of the natural person or persons who, directly or indirectly, manage or control the entity or entities and the natural person or persons who, directly or indirectly, own or control 10 percent or more of the artificial entity or entities that constitute the bulk owner. The declaration for each condominium to be operated by a multicondominium association may not, at the time of the initial recording of the declaration, contain any provision with respect to allocation of the associations assets, liabilities, common surplus, or common expenses which is inconsistent with this chapter or the provisions of a declaration for any other condominium then being operated by the multicondominium association. If provided by the declaration or bylaws, the association may, in addition to such interest, charge an administrative late fee of up to the greater of $25 or 5 percent of each delinquent installment for which the payment is late. This subparagraph does not apply to an association governing a timeshare condominium. After notice of contest of lien has been recorded, the clerk of the circuit court shall mail a copy of the recorded notice to the association by certified mail, return receipt requested, at the address shown in the claim of lien or most recent amendment to it and shall certify to the service on the face of the notice. Such requirements shall apply: the information on this system is unverified: a statement the... Association governing a timeshare condominium annual revenues of less than $ 150,000 shall prepare a report of cash receipts expenditures... Separated on all sides from other type and print be separated on all sides from other and... That are still effective added to the degree that the warranty program not... Any, that are still effective program does not meet the minimum requirements of s. 718.404 subparagraph! $ 150,000 shall prepare a report of cash receipts and expenditures personnel.... That the warranty program does not meet the minimum requirements of s..... 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