718.112

Every condominium created and existing in this state shall be subject to the provisions 718.112 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 718.112 be effective for the following fiscal year, 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 accounts, for maintenance items. This article will examine these changes, as they impact condominium associations. The article is divided into the following six sections:. A new Section The requirement applies to buildings that are three stories or more in height.

718.112

By: Christopher L. Pope, Esq. Staying informed about legislative changes is crucial in the ever-evolving landscape of laws pertaining to condominiums and cooperatives. The Florida legislative session has brought forth a wave of significant changes that directly impact Florida Condominium Associations and Cooperatives. This update is intended to highlight these changes and should not be considered a substitute for reviewing the law itself. The law now exempts condominium unit owner policies from the mandatory inclusion of flood coverage in all personal lines residential policies issued by the Citizens Property Insurance Corporation. The requirement for a community association manager or firm that has a contract with a community association to comply with Section There are new revisions to the milestone inspection requirements for condominium and cooperative buildings that are three or more stories tall, as defined by the Florida Building Code. These revisions include:. The change in the law clarifies that both unit owners and individuals authorized by the owner as their representative have the right to inspect the official records of the association. The law has been revised to exclude insurance premiums from the calculation used to determine whether members can petition for a substitute budget in cases where assessments increase by percent. Reserve Funding Requirements — Section The are new revisions to the reserve funding requirements for condominium and cooperative associations. Effective July 1, , condominium and cooperative unit owners will have the ability to utilize the pre-suit mediation process described in this section for specific disputes related to compliance with the milestone inspection or SIRS requirements. Disputes will include the following failures by a board of administration:.

Institute, maintain, 718.112, settle, or appeal actions or hearings in its name on behalf of all unit owners concerning matters of common interest to most or all unit owners, including, but not limited to, the common elements; the roof and structural components of a building or other improvements; mechanical, electrical, 718.112, and plumbing elements serving an improvement or a building; and representations of the developer pertaining to any existing or 718.112 commonly used facilities. If the 718.112 inspection required by s.

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. 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.

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. 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.

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.

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If yes, has the board approved the transfer of the unit? Any challenge to the election process must be commenced within 60 days after the election results are announced. The provisions of subparagraph 1. If there has been a previous vote to forego retrofitting, a vote to require retrofitting may be obtained at a special meeting of the unit owners called by a petition of at least 10 percent of the voting interests. The local authority having jurisdiction may not require completion of retrofitting with a fire sprinkler system or an engineered life safety system before January 1, The officers and directors of the association have a fiduciary relationship to the unit owners. 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. This paragraph is intended to clarify existing law and applies to cases pending on July 1, 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. The rules must provide procedures governing the conduct of the recall election as well as the operation of the association during the period after a recall but before the recall election. Any such officer, director, or manager who knowingly so solicits, offers to accept, or accepts any thing or service of value or kickback is subject to a civil penalty pursuant to s.

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.

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. Except as otherwise permitted in subsections 8 and 9 and in s. Directors may not vote by proxy or by secret ballot at board meetings, except that officers may be elected by secret ballot. The review and approval must include approval of the policy and related forms pursuant to ss. A voting interest or consent right allocated to a unit owned by the association may not be exercised or considered for any purpose, whether for a quorum, an election, or otherwise. A multicondominium association must adopt a separate budget of common expenses for each condominium the association operates and must adopt a separate budget of common expenses for the association. 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. Upon the recording of the declaration, or an amendment adding a phase to the condominium under s. The security deposit shall protect against damages to the common elements or association property. The annual budget required by s. 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.