Chapter 718 CONDOMINIUMS SECTION 112 Bylaws. Before turnover of control of an association by a developer to unit owners other than the developer pursuant to s. 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. 718.301 . d.An itemized list of all assessments, special assessments, and other moneys owed on the date of issuance to the association by the unit owner for a specific unit is provided. Such a vote may only be called once every 3 years. PART I GENERAL PROVISIONS (ss. The 2022 Florida Statutes (including Special Session A) Title XL REAL AND PERSONAL PROPERTY: Chapter 718 CONDOMINIUMS: View Entire Chapter: CHAPTER 718. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by the affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. The notice requirements of this subsection are satisfied if the unit owner records a notice of contest of lien as provided in subsection (5). Limited proxies and general proxies may be used to establish a quorum. No fee may be charged for this information. 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. 3. For purposes of this paragraph, the term candidate means an eligible person who has timely submitted the written notice, as described in sub-subparagraph 4.a., of his or her intention to become a candidate. Service is complete upon mailing. 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. A unit owner in a residential condominium desiring to be a candidate for board membership must comply with sub-subparagraph 4.a. 77-222; s. 1, ch. The developer shall pay the common expenses of a multicondominium association, including the funding of reserves as provided in the adopted annual budget of the association, which are allocated to units within a condominium affected by a guarantee and which exceed the regular periodic assessments against all other unit owners within that condominium. If yes, specify the type and the amount of the fee. At least 14 days prior to such a meeting, the board shall hand deliver to each unit owner, mail to each unit owner at the address last furnished to the association by the unit owner, or electronically transmit to the location furnished by the unit owner for that purpose a notice of such meeting and a copy of the proposed annual budget. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period. See bylaw. A unit owner or other eligible person desiring to be a candidate for the board must give written notice of his or her intent to be a candidate to the association at least 40 days before a scheduled election. (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. Unless otherwise provided in the bylaws, the officers shall serve without compensation and at the pleasure of the board of administration. Except in a timeshare or nonresidential condominium, or if the staggered term of a board member does not expire until a later annual meeting, or if all members terms would otherwise expire but there are no candidates, the terms of all board members expire at the annual meeting, and such members may stand for reelection unless prohibited by the bylaws. 88-148; s. 7, ch. Attorneys name and contact information if the account is delinquent and has been turned over to an attorney for collection. A proxy is not valid longer than 90 days after the date of the first meeting for which it was given and may be revoked at any time at the pleasure of the unit owner executing it. However, if broadcast notice is used in lieu of a notice posted physically on the condominium property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section. 2014-133; s. 3, ch. Is there a right of first refusal provided to the members or the association? Meetings of a committee that does not take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this section, unless those meetings are exempted from this section by the bylaws of the association. Except as specifically otherwise provided herein, unit owners in a residential condominium may not vote by general proxy, but may vote by limited proxies substantially conforming to a limited proxy form adopted by the division. Service of process. Title XL REAL AND PERSONAL PROPERTY. 77-221; ss. The board may temporarily fill the vacancy during the period of suspension. and provide the estimated cost and description of the purposes for such assessments. 82-199; s. 6, ch. and must be eligible to be a candidate to serve on the board of directors at the time of the deadline for submitting a notice of intent to run in order to have his or her name listed as a proper candidate on the ballot or to serve on the board. Any payment received by an association must be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. If the tenant paid rent to the landlord or unit owner for a given rental period before receiving the demand from the association and provides written evidence to the association of having paid the rent within 14 days after receiving the demand, the tenant shall begin making rental payments to the association for the following rental period and shall continue making rental payments to the association to be credited against the monetary obligations of the unit owner until the association releases the tenant or the tenant discontinues tenancy in the unit. Unless the bylaws provide otherwise, any remaining vacancies shall be filled by the affirmative vote of the majority of the directors making up the newly constituted board even if the directors constitute less than a quorum or there is only one director. The provisions of this subsection are intended to clarify existing law, and shall not be available in any case where the unpaid assessments sought to be recovered by the association are secured by a lien recorded prior to the recording of the mortgage. 97-102; s. 1, ch. In the absence of such a provision, the board of administration shall be composed of five members, unless the condominium has five or fewer units. k.Provide contact information for all insurance maintained by the association. 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 of the statute requires that the specific purpose of a special assessment that has been approved in accordance with the condominium documents be set forth in a written notice of such assessment. Javascript must be enabled for site search. 2021-91. The association may issue notice under s. The tenant does not, by virtue of payment of monetary obligations to the association, have any of the rights of a unit owner to vote in any election or to examine the books and records of the association. 2022 Florida Statutes. s. 1, ch. Leftover funds are considered "common surplus" and may, at the discretion of the board, either be returned to the unit owners or applied as a credit . Publications, Help Searching It is important to know whether the board of directors has the sole authority to levy special assessments or whether the membership has to approve special assessments. RIGHTS AND OBLIGATIONS OF ASSOCIATION (ss. To be valid, a claim of lien must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XL . In a residential condominium association of more than 10 units or in a residential condominium association that does not include timeshare units or timeshare interests, coowners of a unit may not serve as members of the board of directors at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. The division shall annually report to the Division of State Fire Marshal of the Department of Financial Services the number of condominiums that have elected to forego retrofitting. Title XL REAL AND PERSONAL PROPERTY. If the board requests advice from the division, the board shall, within 10 days after its receipt of the advice, provide in writing a substantive response to the inquirer. The right to reimbursement may not be waived or modified by any contract or agreement. You owe the interest accruing from (month/year) to the present. For a description of multiple acts in the same session affecting a statutory provision, Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). A member of the board of administration or a committee may submit in writing his or her agreement or disagreement with any action taken at a meeting that the member did not attend. If yes, have the members or the association exercised that right of first refusal? (Yes)(No). CONDOMINIUMS. (Yes)(No). Sworn to (or affirmed) and subscribed before me this day of , (year), by (name of person making statement). 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. Board members may serve terms longer than 1 year if permitted by the bylaws or articles of incorporation. 77-174; s. 5, ch. Unless otherwise provided in this chapter or in the declaration, articles of incorporation, or bylaws, and except as provided in subparagraph (d)4., decisions shall be made by a majority of the voting interests represented at a meeting at which a quorum is present. 92-49; s. 10, ch. Electronic transmission may not be used to provide notice of a meeting called in whole or in part for this purpose. If, however, the first mortgage was recorded on or after April 1, 1992, or on the date the mortgage was recorded, the declaration included language incorporating by reference future amendments to this chapter, the provisions of paragraph (b) shall apply. No bylaw shall be revised or amended by reference to its title or number only. 2003-14; s. 4, ch. If broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. 2005-2; s. 7, ch. Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. Statutes, Video Broadcast A fee may not be charged for an amended estoppel certificate. Upon notice to the unit owners, the board shall, by duly adopted rule, designate a specific location on the condominium property where all notices of board meetings must be posted. Suite 1800 If vacancies occur on the board as a result of a recall and a majority or more of the board members are removed, the vacancies shall be filled in accordance with procedural rules to be adopted by the division, which rules need not be consistent with this subsection. The board of administration shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing. If the developer controls the board, assessments shall not exceed 115 percent of assessments for the prior fiscal year unless approved by a majority of all voting interests. 81-225; s. 1, ch. (Yes)(No). j. THE ABOVE DESCRIPTION INCLUDES, BUT IS NOT LIMITED TO, ALL APPURTENANCES TO THE CONDOMINIUM UNIT ABOVE DESCRIBED, INCLUDING THE UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF SAID CONDOMINIUM. If the board fails to duly notice and hold the required meeting or at the conclusion of the meeting determines that the recall is not facially valid, the unit owner representative may file a petition pursuant to s. If a vacancy occurs on the board as a result of a recall or removal and less than a majority of the board members are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any provision to the contrary contained in this subsection. Unless otherwise provided in the bylaws, the members of the board shall serve without compensation. Publications, Help Searching Those lenders will very likely require the associations attorney to verify in writing that the special assessment was properly levied, which he or she will refuse to do unless/until the special assessment is properly adopted. Such member or members shall be recalled effective immediately upon conclusion of the board meeting, provided that the recall is facially valid. However, if the proposed change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: Substantial rewording of bylaw. c.The next installment of the regular periodic assessment is due (insert due date) in the amount of $. Notwithstanding any limitation on transfer fees contained in s. If estoppel certificates for multiple units owned by the same owner are simultaneously requested from the same association and there are no past due monetary obligations owed to the association, the statement of moneys due for those units may be delivered in one or more estoppel certificates, and, even though the fee for each unit shall be computed as set forth in paragraph (f), the total fee that the association may charge for the preparation and delivery of the estoppel certificates may not exceed, in the aggregate: The authority to charge a fee for the preparation and delivery of the estoppel certificate must be established by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance contract and is payable upon the preparation of the certificate. CHAPTER 718. 2009-21; s. 10, ch. 96-396; s. 32, ch. 97-102; s. 7, ch. 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. The foregoing is applicable notwithstanding s. If the association is authorized by the declaration or bylaws to approve or disapprove a proposed lease of a unit, the grounds for disapproval may include, but are not limited to, a unit owner being delinquent in the payment of an assessment at the time approval is sought. The written certification or educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. 2000-302; s. 21, ch. 718.1255 and the procedural rules adopted by the division. Seal and authentication of records. Common expenses are defined as "all expenses properly incurred by the association in the performance of its duties." 718.103 (9). See 718.116 (10 of the Florida Statutes) . 95-211; s. 856, ch. The amount to be reserved must be computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item. This agreement or disagreement may not be used as a vote for or against the action taken or to create a quorum. Any proxy given is effective only for the specific meeting for which originally given and any lawfully adjourned meetings thereof. The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XL REAL AND PERSONAL PROPERTY: . 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. If attention is not properly given to the issues discussed in this article, negative consequence may occur. If a developer-controlled association has maintained all insurance coverage required by s. If the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of unit owners other than the developer provides for the developer to be excused from payment of assessments under paragraph (a), only regular periodic assessments for common expenses as provided for in the declaration and prospectus and disclosed in the estimated operating budget shall be used for payment of common expenses during any period in which the developer is excused. This subparagraph does not apply to an association governing a timeshare condominium. The association, at its option, may include additional information in the estoppel certificate. 2013-159; s. 3, ch. At least 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election. 2017-188; s. 2, ch. Name(s) of the unit owner(s) as reflected in the books and records of the association: 4. Levying a special assessment in Florida requires knowledge of certain provisions of the Condominium Act (Chapter 718, Florida Statutes) and your associations governing documents. The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any given 30-day period. 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. 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. (1) When authorized by the governing documents, the association has a lien on each parcel to secure the payment of assessments and other amounts provided for by this section. 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. if the disclosure summary required by section 689.26, florida statutes, has not been provided to the prospective purchaser before executing this contract for sale, this contract is voidable by buyer by delivering to seller or seller's agent written notice of the buyer's intention to cancel within 3 days after receipt of the disclosure summary . However, the 90-day period shall be extended for any length of time during which the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the unit owner or by any other person claiming an interest in the parcel. If a board adopts in any fiscal year an annual budget which requires assessments against unit owners which exceed 115 percent of assessments for the preceding fiscal year, the board shall conduct a special meeting of the unit owners to consider a substitute budget if the board receives, within 21 days after adoption of the annual budget, a written request for a special meeting from at least 10 percent of all voting interests. Fee for the preparation and delivery of the estoppel certificate: 8. However, if broadcast notice is used in lieu of a notice physically posted on condominium property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section. A critically vital, yet often overlooked, aspect of the special assessment levying process is making sure the special assessment purpose is a proper common expense. 718.101-718.128) . Any determination of whether assessments exceed 115 percent of assessments for the prior fiscal year shall exclude any authorized provision for reasonable reserves for repair or replacement of the condominium property, anticipated expenses of the association which the board does not expect to be incurred on a regular or annual basis, or assessments for betterments to the condominium property. Within 90 days after being elected or appointed to the board of an association of a residential condominium, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the associations declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the associations members. 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