718.112

Governor Ron DeSantis has signed into law certain changes to the Florida Statutes which will require certain condominium associations and cooperative associations to meet certain safety inspections on a periodic basis and to maintain sufficient funds, in reserve 718.112, for maintenance items.

Notwithstanding subparagraph b 2. The different voting and election procedures may provide for elections to be conducted by limited or general proxy. If one association operates more than one condominium, it shall not be necessary to rerecord the same articles of incorporation and bylaws as exhibits to each declaration after the first, provided that in each case where the articles and bylaws are not so recorded, the declaration expressly incorporates them by reference as exhibits and identifies the book and page of the public records where the first declaration to which they were attached is recorded. The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. 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.

718.112

Every condominium created and existing in this state shall be subject to the provisions of this chapter. Such meeting and approval must occur before the end of the fiscal year and is effective only for the fiscal year in which the vote is taken, except that the approval may also be effective for the following fiscal year. Thereafter, all unit owners except the developer may vote on such issues until control is turned over to the association by the developer. Any audit or review prepared under this section shall be paid for by the developer if done before turnover of control of the association. Notwithstanding subparagraph b 2. The different voting and election procedures may provide for elections to be conducted by limited or general proxy. YOU ARE HEREBY NOTIFIED that the undersigned owner of a condominium unit in name of condominium intends to file a petition in the circuit court for appointment of a receiver to manage the affairs of the association on the grounds that the association has failed to fill vacancies on the board of administration sufficient to constitute a quorum. This petition will not be filed if the vacancies are filled within 30 days after the date on which this notice was sent or posted, whichever is later. TO: Name and address of association You are notified that the undersigned contests the claim of lien filed by you on , year , and recorded in Official Records Book at Page , of the public records of County, Florida, and that the time within which you may file suit to enforce your lien is limited to 90 days from the date of service of this notice. Executed this day of , year.

The provisions of subparagraph 1.

This is another chapter of the Florida Condo Act that board members and management companies love to ignore. Most of the board members dealing with these applications are ill-equipped to handle these issues. In quite a few associations the process is more harassment than a serious attempt to weed out the bad apples. In some associations it depends on how well the seller knows the board -- or gets along with the manager. Realtors are furious if boards deny applications, because they did the work and now don't get paid for it because of the buyer being denied.

Notwithstanding subparagraph b 2. The different voting and election procedures may provide for elections to be conducted by limited or general proxy. If one association operates more than one condominium, it shall not be necessary to rerecord the same articles of incorporation and bylaws as exhibits to each declaration after the first, provided that in each case where the articles and bylaws are not so recorded, the declaration expressly incorporates them by reference as exhibits and identifies the book and page of the public records where the first declaration to which they were attached is recorded. The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. 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. The board shall consist of not fewer than three members in condominiums with five or fewer units that are not-for-profit corporations.

718.112

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. If one association operates more than one condominium, it shall not be necessary to rerecord the same articles of incorporation and bylaws as exhibits to each declaration after the first, provided that in each case where the articles and bylaws are not so recorded, the declaration expressly incorporates them by reference as exhibits and identifies the book and page of the public records where the first declaration to which they were attached is recorded. No amendment to the articles of incorporation or bylaws is valid unless recorded with identification on the first page thereof of the book and page of the public records where the declaration of each condominium operated by the association is recorded. The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. In the absence of such a provision, the board of administration shall be composed of five members, except in the case of a condominium which has five or fewer units, in which case in a not-for-profit corporation the board shall consist of not fewer than three members. In the absence of provisions to the contrary in the bylaws, the board of administration shall have a president, a secretary, and a treasurer, who shall perform the duties of such officers customarily performed by officers of corporations. Unless prohibited in the bylaws, the board of administration may appoint other officers and grant them the duties it deems appropriate.

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A report of cash receipts and expenditures or a compiled financial statement in lieu of a reviewed or audited financial statement; or. The requirement for a community association manager or firm that has a contract with a community association to comply with Section A unit owner prevailing in an action between the association and the unit owner under this subsection, in addition to recovering his or her reasonable attorney fees, may recover additional amounts as determined by the court to be necessary to reimburse the unit owner for his or her share of assessments levied by the association to fund its expenses of the litigation. 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. Any audit or review prepared under this section shall be paid for by the developer if done before turnover of control of the association. Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members is a majority of the voting interests. For purposes of this paragraph, a unit is presumed to be abandoned if: a. The petition or action must be filed within 60 days after the expiration of the applicable 5-full-business-day period. A policy or program providing such coverage may not be issued or renewed after July 1, , unless it has been reviewed and approved by the Office of Insurance Regulation. Unit designation and address:. A unit owner in a residential condominium desiring to be a candidate for board membership must comply with sub-subparagraph 4. If a legal opinion is requested, the board shall, within 60 days after the receipt of the inquiry, provide in writing a substantive response to the inquiry. A note to the reader: This article is intended to provide general information and is not intended to be a substitute for competent legal advice. A unit owner may tape record or videotape the meetings.

Every condominium created and existing in this state shall be subject to the provisions of this chapter.

Waterproofing and exterior painting. A vote to forego retrofitting may be obtained by limited proxy or by a ballot personally cast at a duly called membership meeting, or by execution of a written consent by the member, and is effective upon recording a certificate attesting to such vote in the public records of the county where the condominium is located. Except as provided in paragraph d , a proxy, limited or general, may not be used in the election of board members in a residential condominium. Unless otherwise provided in this chapter or in the declaration, articles of incorporation, or bylaws, and except as provided in subparagraph d 4. Name of the requestor:. Unit owners may consider and adopt a substitute budget at the special meeting. The number of such buildings on each association's property. Assessment information and other information:. If somebody buys a unit at foreclosure sale, what's the board going to do? Electronic transmission may not be used to provide notice of a meeting called in whole or in part for this purpose. Such emergency action must be noticed and ratified at the next regular board meeting. Is there a capital contribution fee, resale fee, transfer fee, or other fee due? The failure of the association to post information required under subparagraph 2. Providing for the creation or enlargement of a multicondominium association by the merger or consolidation of two or more associations and changing the name of the association, as appropriate.