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, 718.112.

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

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. Pursuant to Section For phase one of the milestone inspection, a licensed architect or engineer authorized to practice in this state shall perform a visual examination of habitable and non-habitable areas of a building, including the major structural components of a building, and provide a qualitative assessment of the structural conditions of the building. If the architect or engineer finds no signs of substantial structural deterioration to any building components under visual examination, phase two of the inspection, as provided in paragraph b , is not required. An architect or engineer who completes a phase one milestone inspection shall prepare and submit an inspection report pursuant to subsection 8. A phase two of the milestone inspection must be performed if any substantial structural deterioration is identified during phase one. A phase two inspection may involve destructive or non-destructive testing at the inspector's direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. An inspector who completes a phase two milestone inspection shall prepare and submit an inspection report pursuant to subsection 8.

Unless a lower number is 718.112 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, 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.

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.

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.

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If yes, specify the type and the amount of the fee. Unless otherwise provided in the bylaws, the members of the board shall serve without compensation. Signature of Notary Public. Date of issuance:. If a criminal charge is pending against the officer or director, he or she may not be appointed or elected to a position as an officer or a director of any association and may not have access to the official records of any association, except pursuant to a court order. However, such distance requirement does not apply to an association governing a timeshare condominium. Load-bearing walls or other primary structural members. Unless prohibited in the bylaws, the board of administration may appoint other officers and grant them the duties it deems appropriate. 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. Written notice of an annual meeting must include an agenda; be mailed, hand delivered, or electronically transmitted to each unit owner at least 14 days before the annual meeting; and be posted in a conspicuous place on the condominium property or association property at least 14 continuous days before the annual meeting. If the declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein do not specify the procedure for approving an alteration or addition to association real property, the approval of 75 percent of the total voting interests of the association is required before the material alterations or substantial additions are commenced. Before turnover of control of an association by a developer to unit owners other than a developer under 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. 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.

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. The security deposit shall protect against damages to the common elements or association property. This subparagraph does not limit the term of a member of the board of a nonresidential or timeshare condominium. The deductibles may be based upon available funds, including reserve accounts, or predetermined assessment authority at the time the insurance is obtained. In order to reduce costs, the association may print or duplicate the information sheets on both sides of the paper. 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. If a declaration as originally recorded or as amended under the procedures provided therein does not specify a procedure for approving such an alteration or addition, the approval of 75 percent of the total voting interests of each affected condominium is required before the material alterations or substantial additions are commenced. At a minimum, a structural integrity reserve study must identify the common areas being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of the common areas being visually inspected, and provide a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each common area being visually inspected by the end of the estimated remaining useful life of each common area. Nothing in this subsection affects the minimum requirements of s. These revisions include:. Structure, including load-bearing walls and other primary structural members and primary structural systems as those terms are defined in s.