florida condo special assessment rules

78-340; ss. 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. 2000-302; s. 6, ch. 80-3; s. 23, ch. The association is not liable for the inadvertent disclosure of information that is protected under this sub-subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association. That, upon the foreclosure of any mortgage held by an institutional lender or upon delivery of a deed in lieu of foreclosure, the lien for the unit owners share of the rent or other exactions shall not be extinguished but shall be foreclosed and unenforceable against the mortgagee with respect to that units share of the rent and other exactions which mature or become due and payable on or before the date of the final judgment of foreclosure, in the event of foreclosure, or on or before the date of delivery of the deed in lieu of foreclosure. Notwithstanding the provisions of paragraph (b), a first mortgagee or its successor or assignees who acquire title to a condominium unit as a result of the foreclosure of the mortgage or by deed in lieu of foreclosure of the mortgage shall be exempt from liability for all unpaid assessments attributable to the parcel or chargeable to the previous owner which came due prior to acquisition of title if the first mortgage was recorded prior to April 1, 1992. 2008-28; s. 4, ch. The suspension ends upon full payment of all obligations currently due or overdue the association. 86-175; s. 2, ch. On June 16, 2021, Governor DeSantis approved the final version of Senate Bill 56: Community Association Assessment Notices (SB 56). 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 association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit. 2022-269. 84-368; s. 43, ch. As used in this subsection, the term governmental entity means the state, including the executive, legislative, and judicial branches of government; the independent establishments of the state, counties, municipalities, districts, authorities, boards, or commissions; or any agencies of these branches that are subject to chapter 286. Shields has been a Partner with Pavese Law Firm for over thirty years and is Board Certified by the Florida Bar in both Real Estate Law and Condominium and Planned Development Law. A unit owner in a residential condominium desiring to be a candidate for board membership must comply with sub-subparagraph 4.a. Notwithstanding when the certificate of occupancy was issued or the height of the building, a milestone inspection report in compliance with s. 553.899 included in the official records, under seal of an architect or engineer authorized to practice in this state, and attesting to required maintenance, condition, useful life, and replacement costs of the following applicable condominium property comprising a turnover inspection report: Structure, including load-bearing walls and primary structural members and primary structural systems as those terms are defined in s. 627.706. This paragraph is intended to clarify existing law and applies to associations existing on the effective date of this act. This subsection shall operate pursuant to the provisions of s. 215.20. ss. Escrow funds may be invested only in securities of the United States or an agency thereof or in accounts in institutions the deposits of which are insured by an agency of the United States. 2013-122; s. 2, ch. 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. 84-261; s. 217, ch. Limited proxies shall be used for votes taken to waive or reduce reserves in accordance with subparagraph (f)2.; for votes taken to waive the financial reporting requirements of s. 718.111(13); for votes taken to amend the declaration pursuant to s. 718.110; for votes taken to amend the articles of incorporation or bylaws pursuant to this section; and for any other matter for which this chapter requires or permits a vote of the unit owners. 2004-345; s. 4, ch. This section may apply to any matter that requires a vote of the unit owners who are not members of a timeshare condominium association. The recreational areas and facilities which will be owned as common elements by all unit owners and all personal property to be provided as each phase is added to the condominium and those facilities or areas which may not be built or provided if any phase or phases are not developed and added as a part of the condominium. In the condominium and homeowners association context, the new notice requirements will establish a 120-day period of collection efforts that those associations must incur before proceeding with a foreclosure action. Such relief would benefit existing unit owners and condominium associations. 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. Notwithstanding s. 718.116(9), and regardless of whether or not the declaration requires the association or unit owners to maintain, repair, or replace hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection, a unit owner who has previously installed hurricane shutters in accordance with s. 718.113(5) that comply with the current applicable building code shall receive a credit when the shutters are installed; a unit owner who has previously installed impact glass or code-compliant windows or doors that comply with the current applicable building code shall receive a credit when the impact glass or code-compliant windows or doors are installed; and a unit owner who has installed other types of code-compliant hurricane protection that comply with the current applicable building code shall receive a credit when the same type of other code-compliant hurricane protection is installed, and the credit shall be equal to the pro rata portion of the assessed installation cost assigned to each unit. The association shall comply with the requirements of s. 617.0832, and the disclosures required by s. 617.0832 shall be entered into the written minutes of the meeting. 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. The written notice must be delivered to the unit owner at least 30 days before the association sends the invoice for assessments or the statement of the account by the new delivery method. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property or association property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal. Facilities not committed to be built except under certain conditions, and a statement of those conditions or contingencies. g.Is there any open violation of rule or regulation noticed to the unit owner in the association official records? 79-314; s. 264, ch. Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund. If an investigation is not completed within the time limits established in this paragraph, the division shall, on a monthly basis, notify the complainant in writing of the status of the investigation. 84-368; s. 5, ch. The association uses an online voting system that is: Able to authenticate the unit owners identity. 92-49; s. 233, ch. The proceeds from any sale of condominium property or association property and any remaining condominium property or association property, common surplus, and other assets shall be distributed in the following priority: To pay the reasonable termination trustees fees and costs and accounting fees and costs. This chapter shall be known and may be cited as the Condominium Act.. An annual meeting of the unit owners must be held at the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting must be held within 45 miles of the condominium property. This procedure for amendment cannot be used if such an amendment would materially or adversely affect property rights of unit owners, unless the affected unit owners consent in writing. 88-148; s. 47, ch. It is important to consult with the associations legal counsel before attempting to proceed with collections, particularly in light of the changes effective July 1, 2021. 2013-188; s. 10, ch. An identification of each room or other facility to be used by unit owners that will not be owned by the unit owners or the association; A reference to the location in the disclosure materials of the lease or other agreements providing for the use of those facilities; and. In any subsequent proceeding, lawsuit, appeal, or other challenge brought by the property appraiser related to units that were the subject of a single joint petition filed under s. 194.011(3), the association has the right to represent the interest of the unit owners as provided in s. 194.011(3)(e)2., and the unit owners are not necessary or indispensable parties to such actions. Each filing of a proposed reservation program shall be accompanied by a filing fee of $250. 88-148; s. 2, ch. This subsection shall apply retroactively as a remedial measure. The developer of a timeshare condominium may reserve specific rights in the declaration to amend the declaration without the consent of the unit owners. The records of the association shall be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located within 10 working days after receipt of a written request by the board or its designee. The legal description of the land and, if a leasehold estate is submitted to condominium, an identification of the lease. If the unit owner remains in possession of the unit after a foreclosure judgment has been entered, the court, in its discretion, may require the unit owner to pay a reasonable rental for the unit. 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. If the bylaws do not specify a timeframe for written notice of a meeting other than an annual meeting, notice must be provided at least 14 continuous days before the meeting. 2008-240. 82-226; s. 1, ch. If a receiver is appointed, the receiver shall have all of the powers of the board and shall be entitled to receive a salary and reimbursement of all costs and attorneys fees payable from association funds. 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