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 board or committee members participation in a meeting via telephone, real-time videoconferencing, or similar real-time electronic or video communication counts toward a quorum, and such member may vote as if physically present. 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. 718.502. Levying a special assessment in Florida requires knowledge of certain provisions of the Condominium Act (Chapter 718, Florida Statutes) and your associations governing documents. 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. 94-350; s. 87, ch. Usually, but not always, any additional measures will be located within the associations bylaws. (a) The operation of the condominium shall be by the association, which must be a Florida corporation for profit or a Florida corporation not for profit. Index to Special and Local Laws (1845-1970) [PDF] Statute Search Tips; 2019 Florida Statutes . The special meeting shall be conducted within 60 days after adoption of the annual budget. (5) . 99-6; s. 1, ch. 2022 Florida Statutes. Upon request of a candidate, an information sheet, no larger than 8. SECTION 718 Assessments. It is very likely that your associations governing documents also address special assessments. The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action. Section 718.112(2)(c)1, Florida Statutes, provides (in material part). 718.1265 Association emergency powers.. The different voting and election procedures may provide for elections to be conducted by limited or general proxy. Any questions concerning this matter should be directed to (insert name, addresses, and telephone numbers of association representative). Javascript must be enabled for site search. Except as otherwise set forth in this section, the lien is . For purposes of this subsection, the term successor or assignee as used with respect to a first mortgagee includes only a subsequent holder of the first mortgage. 86-175; s. 2, ch. Becker, with headquarters in Fort Lauderdale, FL., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast. 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. 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. 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. 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. Sworn to (or affirmed) and subscribed before me this day of , (year), by (name of person making statement). 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. Unless prohibited in the bylaws, the board of administration may appoint other officers and grant them the duties it deems appropriate. 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. Regardless of whether the board or the membership approves the levying of special assessments, the notice procedure stated above must be met. Any approval by unit owners called for by this chapter or the applicable declaration or bylaws, including, but not limited to, the approval requirement in s. Unit owners may waive notice of specific meetings if allowed by the applicable bylaws or declaration or any law. However, if a unit is owned by more than one person, the association must provide notice to the address that the developer identifies for that purpose and thereafter as one or more of the owners of the unit advise the association in writing, or if no address is given or the owners of the unit do not agree, to the address provided on the deed of record. 2000-302; s. 21, ch. A tenant is immune from any claim by the landlord or unit owner related to the rent timely paid to the association after the association has made written demand. By recording a notice in substantially the following form, a unit owner or the unit owners agent or attorney may require the association to enforce a recorded claim of lien against his or her condominium parcel: A release of lien must be in substantially the following form: The association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. 2004-353; s. 134, ch. Such member or members shall be recalled effective immediately upon the conclusion of the board meeting, provided that the recall is facially valid. 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. Notice shall be provided as required for any regularly called meeting of the unit owners, and must state the purpose of the meeting. The emergency powers provision, Section 720.316, Fla. You owe the interest accruing from (month/year) to the present. Publications, Help Searching 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. 95-274; s. 2, ch. Together with the written notice and agenda as set forth in subparagraph 3., the association shall mail, deliver, or electronically transmit a second notice of the election to all unit owners entitled to vote, together with a ballot that lists all candidates. Committee Unless otherwise provided in the bylaws, any vacancy . 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. Payment of per diem, mileage, and other expenses to division employees. i. 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. PART I GENERAL PROVISIONS (ss. In Florida, the board of directors of a Florida condominium company (the "Condo Board") has the power to assess fees that must be paid by the individual condo unit owners (see Florida Statutes Sections 718.103 (1) and (24) and 718.112 (2) (g) ). (Yes)(No). 718.101-718.129) PART II. 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. An association, or its successor or assignee, that acquires title to a unit through the foreclosure of its lien for assessments is not liable for any unpaid assessments, late fees, interest, or reasonable attorneys fees and costs that came due before the associations acquisition of title in favor of any other association, as defined in s. The person acquiring title shall pay the amount owed to the association within 30 days after transfer of title. These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000. Accordingly, no funds which are receivable from unit purchasers or unit owners and payable to the association, including capital contributions or startup funds collected from unit purchasers at closing, may be used for payment of such common expenses. An estoppel certificate that is sent by regular mail has a 35-day effective period. Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the unit owners does not apply to: Meetings between the board or a committee and the associations attorney, with respect to proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice; or. SECTION 1265 Association emergency powers. l.Provide the signature of an officer or authorized agent of the association. Statutes, Video Broadcast 98-195; s. 3, ch. At the special assessment board meeting, the purposes for the assessment stated on the notice cannot be changed but the amount listed on that notice is only an estimate and sometimes does change after the directors discuss the assessment and hear input from the members. A speaker must be used so that the conversation of such members may be heard by the board or committee members attending in person as well as by any unit owners present at a meeting. Title XL REAL AND PERSONAL PROPERTY. 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. Although the Florida's Sunshine in the Government Act does not apply to community associations, the Florida Condominium Act (Chapter 718 of the Florida Statutes), the Florida Homeowners' Association (Chapter 720), and the Florida Cooperative Act (Chapter 719) contain their own set of "sunshine" requirements for boards of community . 2011-196; s. 5, ch. 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. The board of directors needs to be sure that there are no additional procedural measures that the must be followed when special assessments are being considered. If the recall is approved by a majority of all voting interests by a vote at a meeting, the recall will be effective as provided in this paragraph. PART I. The right to reimbursement may not be waived or modified by any contract or agreement. The estoppel certificate must be provided by hand delivery, regular mail, or e-mail to the requestor on the date of issuance of the estoppel certificate. Nonmaterial errors or omissions in the bylaw process will not invalidate an otherwise properly promulgated amendment. This agreement or disagreement may not be used as a vote for or against the action taken or to create a quorum. 97-93; s. 1773, ch. The association has the power to purchase the condominium parcel at the foreclosure sale and to hold, lease, mortgage, or convey it. In lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved condominium education provider within 1 year before or 90 days after the date of election or appointment. An election is not required if the number of vacancies equals or exceeds the number of candidates. 2013-188; s. 1, ch. 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. Liens. The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XL REAL AND PERSONAL PROPERTY: . With respect to condominiums created on or after October 1, 1994, the bylaws shall include a provision granting the association a limited power to convey a portion of the common elements to a condemning authority for the purpose of providing utility easements, right-of-way expansion, or other public purposes, whether negotiated or as a result of eminent domain proceedings. 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. The notice must be in substantially the following form: (insert name, addresses, and telephone numbers of association representative). Each proxy is revocable at any time at the pleasure of the unit owner executing it. (Yes)(No). As part of the information collected annually from condominiums, the division shall require condominium associations to report the membership vote and recording of a certificate under this subsection and, if retrofitting has been undertaken, the per-unit cost of such work. The estoppel certificate must contain all of the following information and must be substantially in the following form: An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective period. These consequences may include unit owners refusing to pay the special assessment because they claim that the association did not follow the proper procedure for levying the special assessment or that the special assessment was not levied for a proper common purpose. 6. The stated period must terminate no later than the first day of the fourth calendar month following the month in which the first closing occurs of a purchase contract for a unit in that condominium. In any case where the bylaws are silent as to the associations power to convey common elements as described in subparagraph 1., the bylaws shall be deemed to include the provision described in subparagraph 1. k.Provide contact information for all insurance maintained by the 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. A unit owner may not be excused from payment of the unit owners share of common expenses unless all other unit owners are likewise proportionately excluded from payment, except as provided in subsection (1) and in the following cases: If authorized by the declaration, a developer who is offering units for sale may elect to be excused from payment of assessments against those unsold units for a stated period of time after the declaration is recorded. The journals or printed bills of the respective chambers should be consulted for official purposes. A unit owner in a residential condominium desiring to be a candidate for board membership must comply with sub-subparagraph 4.a. This letter is to inform you a Claim of Lien has been filed against your property because you have not paid the (type of assessment) assessment to (name of association). Assessments; liability; lien and priority; interest; collection. Notice of a special meeting must include a description of the purpose or purposes for which the meeting is called. If the board fails to duly notice and hold a board meeting within 5 full business days after service of an agreement in writing or within 5 full business days after the adjournment of the unit owner recall meeting, the recall shall be deemed effective and the board members so recalled shall turn over to the board within 10 full business days after the vote any and all records and property of the association. 718.112 Bylaws. (1) GENERALLY. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a directors term must be filled by electing a new board member, and the election must be by secret ballot. 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. 81-225; s. 1, ch. 2000-302; s. 7, ch. 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. 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. 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. Under Chapter 718 F.S., an assessment is defined as "a share of the funds which are required for the payment of common expenses, which from time to time is assessed against the unit owner." 718.103 (1). Filing prior to sale or lease. Copyright 2000- 2023 State of Florida. The lien is not effective 1 year after the claim of lien was recorded unless, within that time, an action to enforce the lien is commenced. 2000-201; s. 56, ch. Executed this day of , (year). 2001-64; s. 9, ch. 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