2021-91. Levying a special assessment in Florida requires knowledge of certain provisions of the Condominium Act (Chapter 718, Florida Statutes) and your associations governing documents. A present unit owners liability for unpaid assessments is limited to any unpaid assessments that accrued before the association acquired title to the delinquent property through foreclosure or by deed in lieu of foreclosure. However, such distance requirement does not apply to an association governing a timeshare condominium. 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. 718.301 . d.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. 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. 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. 2009-21; s. 10, ch. assessment and may be collected in the manner provided for the collection of assessments pursuant to s. 718.116. . 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. When a unit owner of a residential condominium files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days after receipt of the inquiry. 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. In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property. 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. 2001-64; s. 9, ch. 78-340; s. 6, ch. Breaking down that statutory language amounts to the association having to take the following actions to properly notice a meeting where special assessments will be considered (1) notice of the proposed meeting must be sent to all owners not less than 14 days prior to the meeting; (2) the notice must also be posted in a conspicuous place on the condominium property not less than 14 days prior to the meeting; (3) the notice must explain what the special assessment will be used for and the amount of the expected special assessment; and (4) the person who mailed or delivered the notice to the owners must execute an affidavit which attests to the fact that the notices were mailed or delivered to all owners and the date that the notices were sent. Unless otherwise provided in the bylaws, a board member appointed or elected under this section shall fill the vacancy for the unexpired term of the seat being filled. 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. This subparagraph does not limit the term of a member of the board of a nonresidential or timeshare condominium. Pursuant to section 718.116(11), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord for all amounts timely paid to the association. Is there a right of first refusal provided to the members or the association? Payment due the condominium association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (full address), payable to (name). One percent of the original mortgage debt. If the number of board members whose terms expire at the annual meeting equals or exceeds the number of candidates, the candidates become members of the board effective upon the adjournment of the annual meeting. The claim of lien secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest, administrative late fees, and all reasonable costs and attorney fees incurred by the association incident to the collection process. Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an association of 10 or fewer units may, by affirmative vote of a majority of the total voting interests, provide for different voting and election procedures in its bylaws, which may be by a proxy specifically delineating the different voting and election procedures. 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. 2008-240; s. 12, ch. Each proxy is revocable at any time at the pleasure of the unit owner executing it. s. 1, ch. Within 90 days after being elected or appointed to the board of an association of a residential condominium, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the associations declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the associations members. CONDOMINIUMS. 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. Meetings of a committee that does not take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this section, unless those meetings are exempted from this section by the bylaws of the association. Such emergency action must be noticed and ratified at the next regular board meeting. 2018-96. The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any given 30-day period. Sworn to (or affirmed) and subscribed before me this day of , (year), by (name of person making statement). The association has the power to purchase the condominium parcel at the foreclosure sale and to hold, lease, mortgage, or convey it. i. The owners of units shall be shareholders or members of the association. The refund is the obligation of the unit owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section. A first mortgagee acquiring title to a condominium parcel as a result of foreclosure, or a deed in lieu of foreclosure, may not, during the period of its ownership of such parcel, whether or not such parcel is unoccupied, be excused from the payment of some or all of the common expenses coming due during the period of such ownership. 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. This notice must also be sent or delivered to each unit owner. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period. To be valid, a claim of lien must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. The association must provide the tenant a notice, by hand delivery or United States mail, in substantially the following form: The association must mail written notice to the unit owner of the associations demand that the tenant make payments to the association. The association intends to foreclose the lien and collect the unpaid amount within 45 days of this letter being provided to you. 2011-196; s. 5, ch. PART I GENERAL PROVISIONS (ss. 718.1265 Association emergency powers.. Also, many associations use special assessments as collateral for loans taken from institutional lenders. 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. If attention is not properly given to the issues discussed in this article, negative consequence may occur. 97-102; s. 7, ch. 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. This requirement does not apply if there is no condominium property for posting notices. Any challenge to the election process must be commenced within 60 days after the election results are announced. 99-6; s. 1, ch. 2010-174; s. 3, ch. Notice for meetings and notice for all other purposes must be mailed to each unit owner at the address last furnished to the association by the unit owner, or hand delivered to each unit owner. The fees specified in this subsection shall be adjusted every 5 years in an amount equal to the total of the annual increases for that 5-year period in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items. Provisions for giving notice by electronic transmission in a manner authorized by law of meetings of the board of directors and committees and of annual and special meetings of the members. unless the association governs 10 units or fewer and has opted out of the statutory election process, in which case the bylaws of the association control. 2007-80; s. 5, ch. 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. This agreement or disagreement may not be used as a vote for or against the action taken or to create a quorum. However, the developer must pay common expenses incurred during such period which exceed regular periodic assessments against other unit owners in the same condominium. (Yes)(No). 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. 2015-97; s. 1, ch. Failure to have such written certification or educational certificate on file does not affect the validity of any board action. CONDOMINIUMS. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. 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. If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose. 718.50155. if the disclosure summary required by section 689.26, florida statutes, has not been provided to the prospective purchaser before executing this contract for sale, this contract is voidable by buyer by delivering to seller or seller's agent written notice of the buyer's intention to cancel within 3 days after receipt of the disclosure summary . Developer disclosure prior to sale; nondeveloper unit owner disclosure prior to sale; voidability. At least 14 days prior to such special meeting, the board shall hand deliver to each unit owner, or mail to each unit owner at the address last furnished to the association, a notice of the meeting. Stat., says that the board has the authority to levy special assessments without a membership vote, regardless of the declaration or other. The validity of an action by the board is not affected if it is later determined that a board member is ineligible for board membership due to having been convicted of a felony. The different voting and election procedures may provide for elections to be conducted by limited or general proxy. For a description of multiple acts in the same session affecting a statutory provision, Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). Publications, Help Searching The members of the board of a residential condominium shall be elected by written ballot or voting machine. Levying a special assessment in Florida requires knowledge of certain provisions of the Condominium Act (Chapter 718, Florida Statutes) and your association's governing documents. 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. 79-314; s. 2, ch. 718.202, 718.203) PART III. Unless otherwise provided in the bylaws, the members of the board shall serve without compensation. A: Section 718.116(10) of the Florida Condominium Act provides that funds collected from a special assessment can only be used for the specific purposes for which the assessment was levied. 718.121. The method by which the bylaws may be amended consistent with the provisions of this chapter shall be stated. Rights and obligations of developers . A unit owner in a residential condominium desiring to be a candidate for board membership must comply with sub-subparagraph 4.a. 94-350; s. 87, ch. The tenants landlord shall provide the tenant a credit against rents due to the landlord in the amount of moneys paid to the association. 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. An item not included on the notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members. Welcome to the Wild, Wild West). If additional information or a mistake related to the estoppel certificate becomes known to the association within the effective period, an amended estoppel certificate may be delivered and becomes effective if a sale or refinancing of the unit has not been completed during the effective period. 2000-302; s. 7, ch. f.Is there a capital contribution fee, resale fee, transfer fee, or other fee due? Before turnover of control of an association by a developer to unit owners other than a developer pursuant to s. Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and may be used only for authorized reserve expenditures unless their use for other purposes is approved in advance by a majority vote at a duly called meeting of the association. Any rule adopted shall, in addition to other matters, include a requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members, which must include a hyperlink to the website where the notice is posted, to unit owners whose e-mail addresses are included in the associations official records. A unit owner may tape record or videotape a meeting of the unit owners subject to reasonable rules adopted by the division. 718.122. RIGHTS AND OBLIGATIONS OF ASSOCIATION (ss. Liens. (a) 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. 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. Restrictions on and requirements for the use, maintenance, and appearance of the units and the use of the common elements. The secretary shall cause the association to retain a directors written certification or educational certificate for inspection by the members for 5 years after a directors election or the duration of the directors uninterrupted tenure, whichever is longer. Executed this day of , (year). Copyright 2000- 2023 State of Florida. 95-274; s. 2, ch. 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. A recalled member must turn over to the board, within 10 full business days, any and all records and property of the association in their possession. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by the affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. 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. In lieu of, or in addition to, the physical posting of meeting notices, the association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the condominium association. 76-222; s. 1, ch. The special meeting shall be conducted within 60 days after adoption of the annual budget. 718.502. The association has a lien on each condominium parcel to secure the payment of assessments. Board members may serve terms longer than 1 year if permitted by the bylaws or articles of incorporation. 718.503. 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. 78-328; s. 8, ch. Upon notice to the unit owners, the board shall, by duly adopted rule, designate a specific location on the condominium property where all notices of board meetings must be posted. The association, at its option, may include additional information in the estoppel certificate. 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. 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. A proxy given is effective only for the specific meeting for which originally given and any lawfully adjourned meetings thereof. Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request for an estoppel certificate issued pursuant to this section. A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any monetary obligation due to the association, is not eligible to be a candidate for board membership and may not be listed on the ballot. A fee may not be charged for an amended estoppel certificate. 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. 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. If the bylaws fail to provide a method of amendment, the bylaws may be amended if the amendment is approved by the owners of not less than two-thirds of the voting interests. (1) At the option of the property appraiser, special assessments collected pursuant to this section prior to January 1, 1990, may be collected pursuant to this section after January 1, 1990. 2010-174; s. 6, ch. Copyright 2000- 2023 State of Florida. Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. A board member who has been recalled may file a petition pursuant to s. The division may not accept for filing a recall petition, whether filed pursuant to subparagraph 1., subparagraph 2., subparagraph 4., or subparagraph 6. when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 60 or fewer days have elapsed since the election of the board member sought to be recalled. require that condominium associations give a 45-day notice of intent to record a claim of lien and notice of intent to foreclose (pre-lien and post-lien) instead of the previously required 30-day notice. If a developer of a multicondominium is excused from payment of assessments under paragraph (a), the developers financial obligation to the multicondominium association during any period in which the developer is excused from payment of assessments is as follows: The developer shall pay the common expenses of a condominium affected by a guarantee, including the funding of reserves as provided in the adopted annual budget of that condominium, which exceed the regular periodic assessments at the guaranteed level against all other unit owners within that condominium. 77-222; s. 6, ch. An officer or manager of the association, or other person providing notice of such meeting shall execute an affidavit evidencing compliance with this notice requirement, and such affidavit shall be filed among the official records of the association. Except as otherwise provided in subsection (1) and as set forth below, the lien is effective from and shall relate back to the recording of the original declaration of condominium, or, in the case of lien on a parcel located in a phase condominium, the last to occur of the recording of the original declaration or amendment thereto creating the parcel. k.Provide contact information for all insurance maintained by the association. 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. 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