PART I
GENERAL
PROVISIONS
719.101
Short title.
719.102
Purpose.
719.103
Definitions.
719.1035
Creation of cooperatives.
719.104
Cooperatives; access to units; records; financial reports; assessments;
purchase of leases.
719.105
Cooperative parcels; appurtenances; possession and enjoyment.
719.1055
Amendment of cooperative documents; alteration and acquisition of
property.
719.106
Bylaws; cooperative ownership.
719.1064
Failure to fill vacancies on board of administration; appointment of
receiver upon petition of unit owner.
719.1065
Power of attorney; compliance with chapter.
719.107
Common expenses; assessment.
719.108
Rents and assessments; liability; lien and priority; interest; collection;
cooperative ownership.
719.109
Right of owners to peaceably assemble.
719.110
Limitation on actions by association.
719.111
Attorney's fees.
719.112
Unconscionability of certain leases; rebuttable presumption.
719.1124
Failure to fill vacancies on board of administration sufficient to
constitute a quorum; appointment of receiver upon petition of unit owner.--
719.114
Separate taxation of cooperative parcels; survival of contractual
provisions after tax sale.
719.115
Limitation of liability.
719.1255
Alternative resolution of disputes
719.127
Receivership notification.
719.128
Association
emergency powers.
719.129
Electronic voting
719.131
Law enforcement vehicles
719.101
Short title.
This chapter shall be known and may be cited as the
"Cooperative Act."
History.--s.
2, ch. 76-222.
719.102
Purpose.
The purpose of this chapter is
to give statutory recognition to the cooperative form of ownership of real
property. It shall not be construed as repealing or amending any law now
in effect, except those in conflict herewith, and any such conflicting
laws shall be affected only insofar as they apply to cooperatives.
History.--s.
2, ch. 76-222.
719.103
Definitions.--As used in this chapter:
(1) "Assessment" means a
share of the funds required for the payment of common expenses, which from
time to time is assessed against the unit owner.
(2) "Association" means
the corporation for profit or not for profit that owns the record interest in
the cooperative property or a leasehold of the property of a cooperative and
that is responsible for the operation of the cooperative.
(3) "Board of
administration" means the board of directors or other representative body
responsible for administration of the association.
(4) "Buyer" means a person
who purchases a cooperative. The term "purchaser" may be used
interchangeably with the term "buyer."
(5) "Bylaws" means the
bylaws of the association existing from time to time.
(6) "Committee" means a
group of board members, unit owners, or board members and unit owners
appointed by the board or a member of the board to make recommendations to the
board regarding the association budget or take action on behalf of the board.
(7) "Common areas" means
the portions of the cooperative property not included in the units.
(8) "Common areas"
includes within its meaning the following:
(a) The cooperative property which
is not included within the units.
(b) Easements through units for
conduits, ducts, plumbing, wiring, and other facilities for the furnishing of
utility services to units and the common areas.
(c) An easement of support in every
portion of a unit which contributes to the support of a building.
(d) The property and installations
required for the furnishing of utilities and other services to more than one
unit or to the common areas.
(e) Any other part of the
cooperative property designated in the cooperative documents as common areas.
(9) "Common expenses"
means all expenses and assessments properly incurred by the association for
the cooperative.
(10) "Common surplus"
means the excess of all receipts of the association--including, but not
limited to, assessments, rents, profits, and revenues on account of the common
areas--over the amount of common expenses.
(11) "Conspicuous type"
means type in capital letters no smaller than the largest type on the page on
which it appears.
(12) "Cooperative" means
that form of ownership of real property wherein legal title is vested in a
corporation or other entity and the beneficial use is evidenced by an
ownership interest in the association and a lease or other muniment of title
or possession granted by the association as the owner of all the cooperative
property.
(13) "Cooperative
documents" means:
(a) The documents that create a
cooperative, including, but not limited to, articles of incorporation of the
association, bylaws, and the ground lease or other underlying lease, if any.
(b) The document evidencing a unit
owner's membership or share in the association.
(c) The document recognizing a unit
owner's title or right of possession to his or her unit.
(14) "Cooperative parcel"
means the shares or other evidence of ownership in a cooperative representing
an undivided share in the assets of the association, together with the lease
or other muniment of title or possession.
(15) "Cooperative
property" means the lands, leaseholds, and personal property owned by a
cooperative association.
(16) "Developer" means a
person who creates a cooperative or who offers cooperative parcels for sale or
lease in the ordinary course of business, but does not include the owner or
lessee of a unit who has acquired or leased the unit for his or her own
occupancy, nor does it include a condominium association which creates a
cooperative by conversion of an existing residential condominium after control
of the association has been transferred to the unit owners if, following the
conversion, the unit owners will be the same persons.
(17) "Division" means the
Division of Florida Condominiums, Timeshares, and Mobile Homes of the
Department of Business and Professional Regulation.
(18) "Equity facilities
club" means a club comprised of recreational facilities in which
proprietary membership interests are sold to individuals, which membership
interests entitle the individuals to use certain physical facilities owned by
the equity club. Such physical facilities do not include a residential unit or
accommodation. For purposes of this definition, the term
"accommodation" shall include, but is not limited to, any apartment,
residential cooperative unit, residential condominium unit, cabin, lodge,
hotel or motel room, or other accommodation designed for overnight occupancy
for one or more individuals.
(19) "Limited common
areas" means those common areas which are reserved for the use of a
certain cooperative unit or units to the exclusion of other units, as
specified in the cooperative documents.
(20) "Operation" or
"operation of the cooperative" includes the administration and
management of the cooperative property.
(21) "Rental agreement"
means any written agreement, or oral agreement if for less duration than 1
year, providing for use and occupancy of premises.
(22) "Residential
cooperative" means a cooperative consisting of cooperative units, any of
which are intended for use as a private residence. A cooperative is not a
residential cooperative if the use of the units is intended as primarily
commercial or industrial and not more than three units are intended to be used
for private residence, domicile, or homestead, or if the units are intended to
be used as housing for maintenance, managerial, janitorial, or other
operational staff of the cooperative. If a cooperative is a residential
cooperative under this definition, but has units intended to be commercial or
industrial, then the cooperative is a residential cooperative with respect to
those units intended for use as a private residence, domicile, or homestead,
but not a residential cooperative with respect to those units intended for use
commercially or industrially. With respect to a timeshare cooperative, the
timeshare instrument as defined in s. 721.05
shall govern the intended use of each unit in the cooperative.
(23) "Special assessment"
means any assessment levied against unit owners other than the assessment
required by a budget adopted annually.
(24) "Timeshare estate"
means any interest in a unit under which the exclusive right of use,
possession, or occupancy of the unit circulates among the various purchasers
of a timeshare plan pursuant to chapter 721 on a recurring basis for a period
of time.
(25) "Unit" means a part
of the cooperative property which is subject to exclusive use and possession.
A unit may be improvements, land, or land and improvements together, as
specified in the cooperative documents.
(26) "Unit owner" or
"owner of a unit" means the person holding a share in the
cooperative association and a lease or other muniment of title or possession
of a unit that is granted by the association as the owner of the cooperative
property.
(27) "Voting certificate"
means a document which designates one of the record title owners, or the
corporate, partnership, or entity representative who is authorized to vote on
behalf of a cooperative unit that is owned by more than one owner or by any
entity.
(28) "Voting interests"
means the voting rights distributed to the association members as provided for
in the articles of incorporation.
History.--s. 2, ch. 76-222; s. 1, ch. 77-174; s. 8, ch. 80-3; s. 10,
ch. 86-175; s. 17, ch. 92-49; s. 874, ch. 97-102; s. 8, ch. 98-322; s. 5, ch.
99-382; s. 1, ch. 2000-302; s. 6, ch. 2007-173; s. 55, ch. 2008-240
719.1035
Creation of cooperatives.--
(1) The
date when cooperative existence shall commence is upon commencement of
corporate existence of the cooperative association as provided in s.
607.0203. The cooperative documents must be recorded in the county in
which the cooperative is located before property may be conveyed or
transferred to the cooperative. All persons who have any record interest
in any mortgage encumbering the interest in the land being submitted to
cooperative ownership must either join in the execution of the cooperative
documents or execute, with the requirements for deed, and record, a
consent to the cooperative documents or an agreement subordinating their
mortgage interest to the cooperative documents. Upon creation of a
cooperative, the developer or association shall file the recording
information with the division within 30 working days on a form prescribed
by the division.
(2) All
provisions of the cooperative documents are enforceable equitable
servitudes, run with the land, and are effective until the cooperative is
terminated.
History.--s.
11, ch. 86-175; s. 188, ch. 90-179; s. 41, ch. 95-274; s. 9, ch. 98-322;
s. 6, ch. 99-382.
719.104
Cooperatives; access to units; records; financial reports; assessments;
purchase of leases.--
(1) RIGHT
OF ACCESS TO UNITS.—The
association has the irrevocable right of access
to each unit from time to time during reasonable
hours when necessary for the maintenance,
repair, or replacement of any structural
components of the building or of any mechanical,
electrical, or plumbing elements necessary to
prevent damage to the building or to another
unit.
(2) OFFICIAL
RECORDS.—
(a) From
the inception of the association, the
association shall maintain a copy of each of
the following, where applicable, which shall
constitute the official records of the
association:
1. The
plans, permits, warranties, and other
items provided by the developer pursuant
to s.
719.301(4).
2. A
photocopy of the cooperative documents.
3. A
copy of the current rules of the
association.
4. A
book or books containing the minutes of
all meetings of the association, of the
board of directors, and of the unit
owners.
5. A
current roster of all unit owners and
their mailing addresses, unit
identifications, voting certifications,
and, if known, telephone numbers. The
association shall also maintain the
e-mail addresses and the numbers
designated by unit owners for receiving
notice sent by electronic transmission
of those unit owners consenting to
receive notice by electronic
transmission. The e-mail addresses and
numbers provided by unit owners to
receive notice by electronic
transmission shall be removed from
association records when consent to
receive notice by electronic
transmission is revoked. However, the
association is not liable for an
erroneous disclosure of the e-mail
address or the number for receiving
electronic transmission of notices.
6. All
current insurance policies of the
association.
7. A
current copy of any management
agreement, lease, or other contract to
which the association is a party or
under which the association or the unit
owners have an obligation or
responsibility.
8. Bills
of sale or transfer for all property
owned by the association.
9. Accounting
records for the association and separate
accounting records for each unit it
operates, according to good accounting
practices. The accounting records shall
include, but not be limited to:
a. Accurate,
itemized, and detailed records of
all receipts and expenditures.
b. A
current account and a monthly,
bimonthly, or quarterly statement of
the account for each unit
designating the name of the unit
owner, the due date and amount of
each assessment, the amount paid
upon the account, and the balance
due.
c. All
audits, reviews, accounting
statements, and financial reports of
the association.
d. All
contracts for work to be performed.
Bids for work to be performed shall
also be considered official records
and shall be maintained for a period
of 1 year.
10. Ballots,
sign-in sheets, voting proxies, and all
other papers and electronic records
relating to voting by unit owners, which
shall be maintained for a period of 1
year after the date of the election,
vote, or meeting to which the document
relates.
11. All
rental records where the association is
acting as agent for the rental of units.
12. A
copy of the current question and answer
sheet as described in s.
719.504.
13. All
other written records of the association
not specifically included in the
foregoing which are related to the
operation of the association.
(b) The
official records of the association must be
maintained within the state for at least 7
years. The records of the association shall
be made available to a unit owner within 45
miles of the cooperative property or within
the county in which the cooperative property
is located within 10 working days after
receipt of written request by the board or
its designee. This paragraph may be complied
with by having a copy of the official
records of the association available for
inspection or copying on the cooperative
property or the association may offer the
option of making the records available to a
unit owner electronically via the Internet
or by allowing the records to be viewed in
an electronic format on a computer screen
and printed upon request. The association is
not responsible for the use or misuse of the
information provided to an association
member or his or her authorized
representative pursuant to the compliance
requirements of this chapter unless the
association has an affirmative duty not to
disclose such information pursuant to this
chapter.
(c) The
official records of the association are open
to inspection by any association member or
the authorized representative of such member
at all reasonable times. The right to
inspect the records includes the right to
make or obtain copies, at the reasonable
expense, if any, of the association member.
The association may adopt reasonable rules
regarding the frequency, time, location,
notice, and manner of record inspections and
copying. The failure of an association to
provide the records within 10 working days
after receipt of a written request creates a
rebuttable presumption that the association
willfully failed to comply with this
paragraph. A unit owner who is denied access
to official records is entitled to the
actual damages or minimum damages for the
association’s willful failure to comply. The
minimum damages are $50 per calendar day for
up to 10 days, beginning on the 11th working
day after receipt of the written request.
The failure to permit inspection entitles
any person prevailing in an enforcement
action to recover reasonable attorney fees
from the person in control of the records
who, directly or indirectly, knowingly
denied access to the records. Any person who
knowingly or intentionally defaces or
destroys accounting records that are
required by this chapter to be maintained
during the period for which such records are
required to be maintained, or who knowingly
or intentionally fails to create or maintain
accounting records that are required to be
created or maintained, with the intent of
causing harm to the association or one or
more of its members, is personally subject
to a civil penalty pursuant to s.
719.501(1)(d). The association shall
maintain an adequate number of copies of the
declaration, articles of incorporation,
bylaws, and rules, and all amendments to
each of the foregoing, as well as the
question and answer sheet as described in s.
719.504 and year-end financial
information required by the department, on
the cooperative property to ensure their
availability to unit owners and prospective
purchasers, and may charge its actual costs
for preparing and furnishing these documents
to those requesting the same. An association
shall allow a member or his or her
authorized representative to use a portable
device, including a smartphone, tablet,
portable scanner, or any other technology
capable of scanning or taking photographs,
to make an electronic copy of the official
records in lieu of the association providing
the member or his or her authorized
representative with a copy of such records.
The association may not charge a member or
his or her authorized representative for the
use of a portable device. Notwithstanding
this paragraph, the following records shall
not be accessible to unit owners:
1. Any
record protected by the lawyer-client
privilege as described in s.
90.502 and any record protected by
the work-product privilege, including
any record prepared by an association
attorney or prepared at the attorney’s
express direction which reflects a
mental impression, conclusion,
litigation strategy, or legal theory of
the attorney or the association, and
which was prepared exclusively for civil
or criminal litigation or for
adversarial administrative proceedings,
or which was prepared in anticipation of
such litigation or proceedings until the
conclusion of the litigation or
proceedings.
2. Information
obtained by an association in connection
with the approval of the lease, sale, or
other transfer of a unit.
3. Personnel
records of association or management
company employees, including, but not
limited to, disciplinary, payroll,
health, and insurance records. For
purposes of this subparagraph, the term
“personnel records” does not include
written employment agreements with an
association employee or management
company, or budgetary or financial
records that indicate the compensation
paid to an association employee.
4. Medical
records of unit owners.
5. Social
security numbers, driver license
numbers, credit card numbers, e-mail
addresses, telephone numbers, facsimile
numbers, emergency contact information,
addresses of a unit owner other than as
provided to fulfill the association’s
notice requirements, and other personal
identifying information of any person,
excluding the person’s name, unit
designation, mailing address, property
address, and any address, e-mail
address, or facsimile number provided to
the association to fulfill the
association’s notice requirements.
Notwithstanding the restrictions in this
subparagraph, an association may print
and distribute to parcel owners a
directory containing the name, parcel
address, and all telephone numbers of
each parcel owner. However, an owner may
exclude his or her telephone numbers
from the directory by so requesting in
writing to the association. An owner may
consent in writing to the disclosure of
other contact information described in
this subparagraph. The association is
not liable for the inadvertent
disclosure of information that is
protected under this 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.
6. Electronic
security measures that are used by the
association to safeguard data, including
passwords.
7. The
software and operating system used by
the association which allow the
manipulation of data, even if the owner
owns a copy of the same software used by
the association. The data is part of the
official records of the association.
(d) The
association or its authorized agent shall
not be required to provide a prospective
purchaser or lienholder with information
about the cooperative or association other
than the information or documents required
by this chapter to be made available or
disclosed. The association or its authorized
agent shall be entitled to charge a
reasonable fee to the prospective purchaser,
lienholder, or the current unit owner for
its time in providing good faith responses
to requests for information by or on behalf
of a prospective purchaser or lienholder,
other than that required by law, provided
that such fee shall not exceed $150 plus the
reasonable cost of photocopying and any
attorney’s fees incurred by the association
in connection with the association’s
response.
(e) An
outgoing board or committee member must
relinquish all official records and property
of the association in his or her possession
or under his or her control to the incoming
board within 5 days after the election. The
division shall impose a civil penalty as set
forth in s.
719.501(1)(d) against an outgoing board
or committee member who willfully and
knowingly fails to relinquish such records
and property.
(3) INSURANCE.—The
association shall use its best efforts to obtain
and maintain adequate insurance to protect the
association property. The association may also
obtain and maintain liability insurance for
directors and officers, insurance for the
benefit of association employees, and flood
insurance. A copy of each policy of insurance in
effect shall be made available for inspection by
unit owners at reasonable times.
(a) Windstorm
insurance coverage for a group of no fewer
than three communities created and operating
under chapter 718, this chapter, chapter
720, or chapter 721 may be obtained and
maintained for the communities if the
insurance coverage is sufficient to cover an
amount equal to the probable maximum loss
for the communities for a 250-year windstorm
event. Such probable maximum loss must be
determined through the use of a competent
model that has been accepted by the Florida
Commission on Hurricane Loss Projection
Methodology. Such insurance coverage is
deemed adequate windstorm insurance for the
purposes of this section.
(b) An
association or group of associations may
self-insure against claims against the
association, the association property, and
the cooperative property required to be
insured by an association, upon compliance
with the applicable provisions of ss.
624.460-624.488,
which shall be considered adequate insurance
for purposes of this section.
(4) FINANCIAL
REPORT.—
(a) Within
90 days following the end of the fiscal or
calendar year or annually on such date as
provided in the bylaws of the association,
the board of administration shall prepare
and complete, or contract with a third party
to prepare and complete, a financial report
covering the preceding fiscal or calendar
year. Within 21 days after the financial
report is completed by the association or
received from the third party, but no later
than 120 days after the end of the fiscal
year, calendar year, or other date provided
in the bylaws, the association shall provide
each member with a copy of the annual
financial report or a written notice that a
copy of the financial report is available
upon request at no charge to the member. The
division shall adopt rules setting forth
uniform accounting principles, standards,
and reporting requirements.
(b) Except
as provided in paragraph (c), an association
whose total annual revenues meet the
criteria of this paragraph shall prepare or
cause to be prepared a complete set of
financial statements according to the
generally accepted accounting principles
adopted by the Board of Accountancy. The
financial statements shall be as follows:
1. An
association with total annual revenues
between $150,000 and $299,999 shall
prepare a compiled financial statement.
2. An
association with total annual revenues
between $300,000 and $499,999 shall
prepare a reviewed financial statement.
3. An
association with total annual revenues
of $500,000 or more shall prepare an
audited financial statement.
4. The
requirement to have the financial
statement compiled, reviewed, or audited
does not apply to an association if a
majority of the voting interests of the
association present at a duly called
meeting of the association have voted to
waive this requirement for the fiscal
year. In an association in which
turnover of control by the developer has
not occurred, the developer may vote to
waive the audit requirement for the
first 2 years of operation of the
association, after which time waiver of
an applicable audit requirement shall be
by a majority of voting interests other
than the developer. The meeting shall be
held prior to the end of the fiscal
year, and the waiver shall be effective
for only one fiscal year.
(c)1. An
association with total annual revenues
of less than $150,000 shall prepare a
report of cash receipts and
expenditures.
2. A
report of cash receipts and expenditures
must disclose the amount of receipts by
accounts and receipt classifications and
the amount of expenses by accounts and
expense classifications, including the
following, as applicable: costs for
security, professional, and management
fees and expenses; taxes; costs for
recreation facilities; expenses for
refuse collection and utility services;
expenses for lawn care; costs for
building maintenance and repair;
insurance costs; administration and
salary expenses; and reserves, if
maintained by the association.
(d) If
at least 20 percent of the unit owners
petition the board for a greater level of
financial reporting than that required by
this section, the association shall duly
notice and hold a membership meeting within
30 days after receipt of the petition to
vote on raising the level of reporting for
that fiscal year. Upon approval by a
majority of the voting interests represented
at a meeting at which a quorum of unit
owners is present, the association shall
prepare an amended budget or shall adopt a
special assessment to pay for the financial
report regardless of any provision to the
contrary in the declaration or other
recorded governing documents. In addition,
the association shall provide within 90 days
after the meeting or the end of the fiscal
year, whichever occurs later:
1. Compiled,
reviewed, or audited financial
statements, if the association is
otherwise required to prepare a report
of cash receipts and expenditures;
2. Reviewed
or audited financial statements, if the
association is otherwise required to
prepare compiled financial statements;
or
3. Audited
financial statements, if the association
is otherwise required to prepare
reviewed financial statements.
(e) If
approved by a majority of the voting
interests present at a properly called
meeting of the association, an association
may prepare or cause to be prepared:
1. A
report of cash receipts and expenditures
in lieu of a compiled, reviewed, or
audited financial statement;
2. A
report of cash receipts and expenditures
or a compiled financial statement in
lieu of a reviewed or audited financial
statement; or
3. A
report of cash receipts and
expenditures, a compiled financial
statement, or a reviewed financial
statement in lieu of an audited
financial statement.
(5) ASSESSMENTS.—The
association has the power to make and collect
assessments and to lease, maintain, repair, and
replace the common areas. However, the
association may not charge a use fee against the
unit owner for the use of common areas unless
otherwise provided for in the cooperative
documents or by a majority vote of the
association or unless the charges relate to
expenses incurred by an owner having exclusive
use of common areas.
(6) PURCHASE
OF LEASES.—The
association has the power to purchase any land
or recreation lease upon the approval of such
voting interest as is required by the
cooperative documents. If the cooperative
documents make no provision for acquisition of
the land or recreational lease, the vote
required is that required to amend the
cooperative documents to permit the acquisition.
(7) COMMINGLING.—All
funds shall be maintained separately in the
association’s name. Reserve and operating funds
of the association shall not be commingled
unless combined for investment purposes. This
subsection is not meant to prohibit prudent
investment of association funds even if combined
with operating or other reserve funds of the
same association, but such funds must be
accounted for separately, and the combined
account balance may not, at any time, be less
than the amount identified as reserve funds in
the combined account. No manager or business
entity required to be licensed or registered
under s.
468.432, or an agent, employee, officer, or
director of a cooperative association may
commingle any association funds with his or her
own funds or with the funds of any other
cooperative association or community association
as defined in s.
468.431.
(8) CORPORATE
ENTITY.—
(a) The
officers and directors of the association
have a fiduciary relationship to the unit
owners. An officer, director, or manager may
not solicit, offer to accept, or accept any
thing or service of value for which
consideration has not been provided for his
or her own benefit or that of his or her
immediate family, from any person providing
or proposing to provide goods or services to
the association. Any such officer, director,
or manager who knowingly solicits, offers to
accept, or accepts any thing or service of
value is subject to a civil penalty pursuant
to s.
719.501(1)(d). However, this paragraph
does not prohibit an officer, director, or
manager from accepting services or items
received in connection with trade fairs or
education programs.
(b) A
director of the association who is present
at a meeting of its board at which action on
any corporate matter is taken is presumed to
have assented to the action taken unless the
director votes against such action or
abstains from voting in respect thereto
because of an asserted conflict of interest.
Directors may not vote by proxy or by secret
ballot at board meetings, except that
officers may be elected by secret ballot. A
vote or abstention for each member present
shall be recorded in the minutes.
(c) A
unit owner does not have any authority to
act for the association by reason of being a
unit owner.
(9) EASEMENTS.—Unless
prohibited by the cooperative documents, the
board of administration has the authority,
without the joinder of any unit owner, to grant,
modify, or move any easement, if the easement
constitutes part of or crosses the common areas
or association property. This subsection does
not authorize the board of administration to
modify, move, or vacate any easement created in
whole or in part for the use or benefit of
anyone other than the unit owners, or crossing
the property of anyone other than the unit
owners, without the consent or approval of those
other persons having the use or benefit of the
easement, as required by law or by the
instrument creating the easement.
(10) POWERS
AND DUTIES.—The
powers and duties of the association include
those set forth in this section and, except as
expressly limited or restricted in this chapter,
those set forth in the articles of incorporation
and bylaws and part I of chapter 607 and chapter
617, as applicable.
(11) NOTIFICATION
OF DIVISION.—When
the board of directors intends to dissolve or
merge the cooperative association, the board
shall so notify the division before taking any
action to dissolve or merge the cooperative
association.
History.—s.
2, ch.
76-222; s.
1, ch.
77-174; s.
1, ch.
79-284; s.
12, ch.
86-175; s.
18, ch.
92-49; s. 2,
ch. 94-77;
s. 236, ch.
94-218; s.
42, ch.
95-274; s.
875, ch.
97-102; s.
10, ch.
98-322; s.
7, ch.
99-382; s.
8, ch.
2003-14; s.
11, ch.
2007-80; s.
10, ch.
2013-188; s.
14, ch.
2014-133; s.
70, ch.
2014-209; s.
12, ch.
2015-97; s.
2, ch.
2017-161; s.
9, ch.
2018-96.
719.105
Cooperative parcels; appurtenances; possession and enjoyment.--
(1) Each
cooperative parcel has, as appurtenances thereto:
(a) Evidence
of membership, ownership of shares, or other interest in the association
with the full voting rights appertaining thereto. Such evidence must
include a legal description of each dwelling unit and must be recorded in
the office of the clerk of the circuit court as required by s. 201.02(3).
(b) An
undivided share in the assets of the association.
(c) The
exclusive right to use that portion of the common areas as may be provided
by the cooperative documents.
(d) An
undivided share in the common surplus attributable to the unit.
(e) Any
other appurtenances provided for in the cooperative documents.
(2) Each
unit owner is entitled to the exclusive possession of his or her unit. The
unit owner is entitled to use the common areas in accordance with the
purposes for which they are intended, but no use may hinder or encroach
upon the rights of other unit owners.
(3) When
a unit is leased, the tenant has all use rights in the association
property available for use generally by the unit owner and the unit owner
does not have such rights except as a guest. This subsection does not
interfere with the access rights of the unit owner as a landlord pursuant
to chapter 83. The association may adopt rules to prohibit dual usage by a
unit owner and a tenant of cooperative property.
History.--s.
2, ch. 76-222; s. 13, ch. 86-175; s. 11, ch. 92-32; s. 19, ch. 92-49; s.
876, ch. 97-102.
719.1055
Amendment of cooperative documents; alteration and acquisition of
property.--
(1) Unless otherwise provided in the original cooperative documents, no amendment thereto may change the configuration or size of any cooperative unit in any material fashion, materially alter or modify the appurtenances of the unit, or change the proportion or percentage by which the owner of the parcel shares the common expenses and owns the common surplus, unless the record owner of the unit and all record owners of liens on it join in the execution of the amendment and unless the record owners of all other units approve the amendment. Cooperative documents in cooperatives created after July 1, 1994, may not require less than a majority of total voting interests for amendments under this section, unless required by any governmental entity.
(2) Unless a lower number is provided in the cooperative documents or unless such action is expressly prohibited by the articles of incorporation or bylaws of the cooperative, the acquisition of real property by the association, and material alterations or substantial additions to such property by the association shall not be deemed to constitute a material alteration or modification of the appurtenances to the unit if such action is approved by two-thirds of the total voting interests of the cooperative.
(3)(a) Unless other procedures are provided in the cooperative documents or such action is expressly prohibited by the articles of incorporation or bylaws of the cooperative, the association may materially alter, convert, lease, or modify the common areas of the mobile home cooperative if the action is approved by two-thirds of the total voting interests of the cooperative.
(b) The association may change the configuration or size of a unit only if the action is approved by the affected unit owners and by two-thirds of the total voting interests of the cooperative.
(4)(a) If the cooperative documents fail to provide a method of amendment, the documents may be amended as to all matters except those described in subsection (1) if the amendment is approved by the owners of not less than two-thirds of the units.
(b) No provision of the cooperative documents shall be revised or amended by reference to its title or number only. Proposals to amend existing provisions of the cooperative documents shall contain the full text of the provision to be amended, new words shall be inserted in the text and underlined, and words to be deleted shall be lined through with hyphens. 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 document. See provision for present text.”
(c) Nonmaterial errors or omissions in the amendment process will not invalidate an otherwise properly promulgated amendment.
(5) The bylaws must include a provision whereby a certificate of compliance from a licensed electrical contractor or electrician may be accepted by the association’s board as evidence of compliance of the cooperative units with the applicable fire and life safety code.
(a)1. Notwithstanding chapter 633 or any other code, statute, ordinance, administrative rule, or regulation, or any interpretation of the foregoing, a cooperative or unit owner is not obligated to retrofit the common elements or units of a residential cooperative with a fire sprinkler system in a building that has been certified for occupancy by the applicable governmental entity if the unit owners have voted to forego such retrofitting by the affirmative vote of a majority of all voting interests in the affected cooperative. The local authority having jurisdiction may not require completion of retrofitting with a fire sprinkler system before the end of 2019. By December 31, 2016, a cooperative that is not in compliance with the requirements for a fire sprinkler system and has not voted to forego retrofitting of such a system must initiate an application for a building permit for the required installation with the local government having jurisdiction demonstrating that the cooperative will become compliant by December 31, 2019.
2. A vote to forego retrofitting may be obtained by limited proxy or by a ballot personally cast at a duly called membership meeting, or by execution of a written consent by the member, and is effective upon recording a certificate attesting to such vote in the public records of the county where the cooperative is located. The cooperative shall mail or hand deliver to each unit owner written notice at least 14 days before the membership meeting in which the vote to forego retrofitting of the required fire sprinkler system is to take place. Within 30 days after the cooperative’s opt-out vote, notice of the results of the opt-out vote must be mailed or hand delivered to all unit owners. Evidence of compliance with this notice requirement must be made by affidavit executed by the person providing the notice and filed among the official records of the cooperative. After notice is provided to each owner, a copy must be provided by the current owner to a new owner before closing and by a unit owner to a renter before signing a lease.
(b) 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 least 10 percent of the voting interests. Such vote may only be called once every 3 years. Notice must be provided as required for any regularly called meeting of the unit owners, and the notice must state the purpose of the meeting. Electronic transmission may not be used to provide notice of a meeting called in whole or in part for this purpose.
(c) As part of the information collected annually from cooperatives, the division shall require 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 division shall annually report to the Division of State Fire Marshal of the Department of Financial Services the number of cooperatives that have elected to forego retrofitting.
(6) Notwithstanding the provisions of chapter 633 or of any other code, statute, ordinance, administrative rule, or regulation, or any interpretation thereof, a cooperative or unit owner is not obligated to retrofit the common elements or units of a residential cooperative that meets the definition of “housing for older persons” in s. 760.29(4)(b)3. to comply with requirements relating to handrails and guardrails in a building that has been certified for occupancy by the applicable governmental entity, if the unit owners have voted to forego such retrofitting by the affirmative vote of two-thirds of all voting interests in the affected cooperative. However, a cooperative may not forego the retrofitting in common areas in a high-rise building. For purposes of this subsection, the term “high-rise building” means a building that is greater than 75 feet in height where the building height is measured from the lowest level of fire department access to the floor of the highest occupiable story. For purposes of this subsection, the term “common areas” means stairwells and exposed, outdoor walkways and corridors. In no event shall the local authority having jurisdiction require completion of retrofitting of common areas with handrails and guardrails before the end of 2014.
(a) A vote to forego retrofitting may not be obtained by general proxy or limited proxy, but shall be obtained by a vote personally cast at a duly called membership meeting, or by execution of a written consent by the member, and shall be effective upon the recording of a certificate attesting to such vote in the public records of the county where the cooperative is located. The association shall provide each unit owner written notice of the vote to forego retrofitting of the required handrails or guardrails, or both, in at least 16-point bold type, by certified mail, within 20 days after the association’s vote. After such notice is provided to each owner, a copy of such notice shall be provided by the current owner to a new owner prior to closing and shall be provided by a unit owner to a renter prior to signing a lease.
(b) As part of the information collected annually from cooperatives, the division shall require 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 division shall annually report to the Division of State Fire Marshal of the Department of Financial Services the number of cooperatives that have elected to forego retrofitting.
(7) The Legislature finds that the procurement of mortgagee consent to amendments that do not affect the rights or interests of mortgagees is an unreasonable and substantial logistical and financial burden on the unit owners and that there is a compelling state interest in enabling the members of an association to approve amendments to the association’s cooperative documents through legal means. Accordingly, and notwithstanding any provision of this subsection to the contrary:
(a) As to any mortgage recorded on or after July 1, 2013, any provision in the association’s cooperative documents that requires the consent or joinder of some or all mortgagees of units or any other portion of the association’s common areas to amend the association’s cooperative documents or for any other matter is enforceable only as to amendments to the association’s cooperative documents that adversely affect the priority of the mortgagee’s lien or the mortgagee’s rights to foreclose its lien or that otherwise materially affect the rights and interests of the mortgagees.
(b) As to mortgages recorded before July 1, 2013, any existing provisions in the association’s cooperative documents requiring mortgagee consent are enforceable.
(c) In securing consent or joinder, the association is entitled to rely upon the public records to identify the holders of outstanding mortgages. The association may use the address provided in the original recorded mortgage document, unless there is a different address for the holder of the mortgage in a recorded assignment or modification of the mortgage, which recorded assignment or modification must reference the official records book and page on which the original mortgage was recorded. Once the association has identified the recorded mortgages of record, the association shall, in writing, request of each unit owner whose unit is encumbered by a mortgage of record any information that the owner has in his or her possession regarding the name and address of the person to whom mortgage payments are currently being made. Notice shall be sent to such person if the address provided in the original recorded mortgage document is different from the name and address of the mortgagee or assignee of the mortgage as shown by the public record. The association is deemed to have complied with this requirement by making the written request of the unit owners required under this paragraph. Any notices required to be sent to the mortgagees under this paragraph shall be sent to all available addresses provided to the association.
(d) Any notice to the mortgagees required under paragraph (c) may be sent by a method that establishes proof of delivery, and any mortgagee who fails to respond within 60 days after the date of mailing is deemed to have consented to the amendment.
(e) For those amendments requiring mortgagee consent on or after July 1, 2013, in the event mortgagee consent is provided other than by properly recorded joinder, such consent shall be evidenced by affidavit of the association recorded in the public records of the county in which the declaration is recorded.
(f) Any amendment adopted without the required consent of a mortgagee is voidable only by a mortgagee who was entitled to notice and an opportunity to consent. An action to void an amendment is subject to the statute of limitations beginning 5 years after the date of discovery as to the amendments described in paragraph (a) and 5 years after the date of recordation of the certificate of amendment for all other amendments. This paragraph applies to all mortgages, regardless of the date of recordation of the mortgage.
History.—s. 5, ch. 88-148; s. 16, ch. 94-350; s. 6, ch. 96-396; s. 8, ch. 99-382; s. 6, ch. 2003-14; s. 2, ch. 2004-80; s. 9, ch. 2004-345; s. 5, ch. 2004-353; s. 20, ch. 2010-174; s. 11, ch. 2013-188.
719.106
Bylaws; cooperative ownership.--
(1) MANDATORY
PROVISIONS.—The
bylaws or other cooperative documents shall
provide for the following, and if they do not,
they shall be deemed to include the following:
(a) Administration.—
1. The
form of administration of the
association shall be described,
indicating the titles of the officers
and board of administration and
specifying the powers, duties, manner of
selection and removal, and compensation,
if any, of officers and board members.
In the absence of such a provision, the
board of administration shall be
composed of five members, unless the
cooperative has five or fewer units. The
board shall consist of not fewer than
three members in cooperatives with five
or fewer units that are not-for-profit
corporations. In a residential
cooperative association of more than 10
units, coowners of a unit may not serve
as members of the board of directors at
the same time unless the coowners own
more than one unit or unless there are
not enough eligible candidates to fill
the vacancies on the board at the time
of the vacancy. In the absence of
provisions to the contrary, the board of
administration shall have a president, a
secretary, and a treasurer, who shall
perform the duties of those offices
customarily performed by officers of
corporations. Unless prohibited in the
bylaws, the board of administration may
appoint other officers and grant them
those duties it deems appropriate.
Unless otherwise provided in the bylaws,
the officers shall serve without
compensation and at the pleasure of the
board. Unless otherwise provided in the
bylaws, the members of the board shall
serve without compensation.
2. 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 director
or officer charged by information or
indictment with a felony theft or
embezzlement offense involving the
association’s funds or property is
suspended from office. The board shall
fill the vacancy according to general
law until the end of the period of the
suspension or the end of the director’s
term of office, whichever occurs first.
However, if the charges are resolved
without a finding of guilt or without
acceptance of a plea of guilty or nolo
contendere, the director or officer
shall be reinstated for any remainder of
his or her term of office. A member who
has such criminal charges pending may
not be appointed or elected to a
position as a director or officer. A
person who has been convicted of any
felony in this state or in any United
States District Court, or who has been
convicted of any offense in another
jurisdiction which would be considered a
felony if committed in this state, is
not eligible for board membership unless
such felon’s civil rights have been
restored for at least 5 years as of the
date such person seeks election to the
board. 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.
3. When
a unit owner 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 of receipt of the inquiry. The
board’s response shall either give a
substantive response to the inquirer,
notify the inquirer that a legal opinion
has been requested, or notify the
inquirer that advice has been requested
from the division. If the board requests
advice from the division, the board
shall, within 10 days of its receipt of
the advice, provide in writing a
substantive response to the inquirer. 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 inquirer.
The failure to provide a substantive
response to the inquirer as provided
herein precludes the board from
recovering attorney’s fees and costs in
any subsequent litigation,
administrative proceeding, or
arbitration arising out of the inquiry.
The association may, through its board
of administration, adopt reasonable
rules and regulations regarding the
frequency and manner of responding to
the unit owners’ inquiries, one of which
may be that the association is obligated
to respond to only one written inquiry
per unit in any given 30-day period. In
such case, any additional inquiry or
inquiries must be responded to in the
subsequent 30-day period, or periods, as
applicable.
(b) Quorum;
voting requirements; proxies.—
1. Unless
otherwise provided in the bylaws, the
percentage of voting interests required
to constitute a quorum at a meeting of
the members shall be a majority of
voting interests, and decisions shall be
made by owners of a majority of the
voting interests. Unless otherwise
provided in this chapter, or in the
articles of incorporation, bylaws, or
other cooperative documents, and except
as provided in subparagraph (d)1.,
decisions shall be made by owners of a
majority of the voting interests
represented at a meeting at which a
quorum is present.
2. Except
as specifically otherwise provided
herein, after January 1, 1992, unit
owners may not vote by general proxy,
but may vote by limited proxies
substantially conforming to a limited
proxy form adopted by the division.
Limited proxies and general proxies may
be used to establish a quorum. Limited
proxies shall be used for votes taken to
waive or reduce reserves in accordance
with subparagraph (j)2., for votes taken
to waive the financial reporting
requirements of s.
719.104(4)(b), 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. Except as provided in paragraph
(d), after January 1, 1992, no proxy,
limited or general, shall be used in the
election of board members. General
proxies may be used for other matters
for which limited proxies are not
required, and may also be used in voting
for nonsubstantive changes to items for
which a limited proxy is required and
given. Notwithstanding the provisions of
this section, unit owners may vote in
person at unit owner meetings. Nothing
contained herein shall limit the use of
general proxies or require the use of
limited proxies or require the use of
limited proxies for any agenda item or
election at any meeting of a timeshare
cooperative.
3. Any
proxy given shall be effective only for
the specific meeting for which
originally given and any lawfully
adjourned meetings thereof. In no event
shall any proxy be valid for a period
longer than 90 days after the date of
the first meeting for which it was
given. Every proxy shall be revocable at
any time at the pleasure of the unit
owner executing it.
4. A
member of the board of administration or
a committee may submit in writing his or
her agreement or disagreement with any
action taken at a meeting that the
member did not attend. This agreement or
disagreement may not be used as a vote
for or against the action taken and may
not be used for the purposes of creating
a quorum.
5. When
some or all of the board or committee
members meet by telephone conference,
those board or committee members
attending by telephone conference may be
counted toward obtaining a quorum and
may vote by telephone. A telephone
speaker shall be utilized so that the
conversation of those board or committee
members attending by telephone may be
heard by the board or committee members
attending in person, as well as by unit
owners present at a meeting.
(c) Board
of administration meetings.—Members
of the board of administration may use
e-mail as a means of communication but may
not cast a vote on an association matter via
e-mail. Meetings of the board of
administration at which a quorum of the
members is present shall be open to all unit
owners. Any unit owner may tape record or
videotape meetings of the board of
administration. The right to attend such
meetings includes the right to speak at such
meetings with reference to all designated
agenda items. The division shall adopt
reasonable rules governing the tape
recording and videotaping of the meeting.
The association may adopt reasonable written
rules governing the frequency, duration, and
manner of unit owner statements. Adequate
notice of all meetings shall be posted in a
conspicuous place upon the cooperative
property at least 48 continuous hours
preceding the meeting, except in an
emergency. Any item not included on the
notice may be taken up on an emergency basis
by at least a majority plus one of the
members of the board. Such emergency action
shall be noticed and ratified at the next
regular meeting of the board. Notice of any
meeting in which regular or special
assessments against unit owners are to be
considered must specifically state that
assessments will be considered and provide
the estimated cost and description of the
purpose for such assessments. Written notice
of any meeting at which nonemergency special
assessments, or at which amendment to rules
regarding unit use, will be considered shall
be mailed, delivered, or electronically
transmitted to the unit owners and posted
conspicuously on the cooperative property
not less than 14 days before the meeting.
Evidence of compliance with this 14-day
notice shall be made by an affidavit
executed by the person providing the notice
and filed among the official records of the
association. Upon notice to the unit owners,
the board shall by duly adopted rule
designate a specific location on the
cooperative property upon which all notices
of board meetings shall be posted. In lieu
of or in addition to the physical posting of
notice of any meeting of the board of
administration on the cooperative property,
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 cooperative
association. However, if broadcast notice is
used in lieu of a notice posted physically
on the cooperative 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. When broadcast notice is
provided, the notice and agenda must be
broadcast in a manner and for a sufficient
continuous length of time so as to allow an
average reader to observe the notice and
read and comprehend the entire content of
the notice and the agenda. 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
cooperative 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 cooperative property. 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 association’s official records.
Meetings of a committee to take final action
on behalf of the board or to make
recommendations to the board regarding the
association budget are subject to the
provisions of this paragraph. 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 the provisions of this
section, unless those meetings are exempted
from this section by the bylaws of the
association. Notwithstanding any other law
to the contrary, the requirement that board
meetings and committee meetings be open to
the unit owners does not apply to board or
committee meetings held for the purpose of
discussing personnel matters or meetings
between the board or a committee and the
association’s attorney, with respect to
proposed or pending litigation, if the
meeting is held for the purpose of seeking
or rendering legal advice.
(d) Shareholder
meetings.—There
shall be an annual meeting of the
shareholders. All members of the board of
administration shall be elected at the
annual meeting unless the bylaws provide for
staggered election terms or for their
election at another meeting. Any unit owner
desiring to be a candidate for board
membership must comply with subparagraph 1.
The bylaws must provide the method for
calling meetings, including annual meetings.
Written notice, which must incorporate an
identification of agenda items, shall be
given to each unit owner at least 14 days
before the annual meeting and posted in a
conspicuous place on the cooperative
property at least 14 continuous days
preceding the annual meeting. Upon notice to
the unit owners, the board must by duly
adopted rule designate a specific location
on the cooperative property upon which all
notice of unit owner meetings are posted. In
lieu of or in addition to the physical
posting of the meeting notice, 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 cooperative association.
However, if broadcast notice is used in lieu
of a posted notice, 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. If broadcast notice is provided,
the notice and agenda must be broadcast in a
manner and for a sufficient continuous
length of time to allow an average reader to
observe the notice and read and comprehend
the entire content of the notice and the
agenda. In addition to any of the authorized
means of providing notice of a meeting of
the shareholders, the association may, by
rule, adopt a procedure for conspicuously
posting the meeting notice and the agenda on
a website serving the cooperative
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
cooperative property. 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
association’s official records. Unless a
unit owner waives in writing the right to
receive notice of the annual meeting, the
notice of the annual meeting must be sent by
mail, hand delivered, or electronically
transmitted to each unit owner. An officer
of the association must provide an affidavit
or United States Postal Service certificate
of mailing, to be included in the official
records of the association, affirming that
notices of the association meeting were
mailed, hand delivered, or electronically
transmitted, in accordance with this
provision, to each unit owner at the address
last furnished to the association.
1. The
board of administration shall be elected
by written ballot or voting machine. A
proxy may not be used in electing the
board of administration in general
elections or elections to fill vacancies
caused by recall, resignation, or
otherwise unless otherwise provided in
this chapter.
a. At
least 60 days before a scheduled
election, the association shall
mail, deliver, or transmit, whether
by separate association mailing,
delivery, or electronic transmission
or included in another association
mailing, delivery, or electronic
transmission, including regularly
published newsletters, to each unit
owner entitled to vote, a first
notice of the date of the election.
Any unit owner or other eligible
person desiring to be a candidate
for the board of administration must
give written notice to the
association at least 40 days before
a scheduled election. Together with
the written notice and agenda as set
forth in this section, the
association shall mail, deliver, or
electronically transmit a second
notice of election to all unit
owners entitled to vote, together
with a ballot that lists all
candidates. Upon request of a
candidate, the association shall
include an information sheet, no
larger than 8
1/2
inches by 11 inches, which must be
furnished by the candidate at least
35 days before the election, to be
included with the mailing, delivery,
or electronic transmission of the
ballot, with the costs of mailing,
delivery, or transmission and
copying to be borne by the
association. The association is not
liable for the contents of the
information sheets provided by the
candidates. In order to reduce
costs, the association may print or
duplicate the information sheets on
both sides of the paper. The
division shall by rule establish
voting procedures consistent with
this subparagraph, including rules
establishing procedures for giving
notice by electronic transmission
and rules providing for the secrecy
of ballots. Elections shall be
decided by a plurality of those
ballots cast. There is no quorum
requirement. However, at least 20
percent of the eligible voters must
cast a ballot in order to have a
valid election. A unit owner may not
permit any other person to vote his
or her ballot, and any such ballots
improperly cast are invalid. A unit
owner who needs assistance in
casting the ballot for the reasons
stated in s.
101.051 may obtain assistance in
casting the ballot. Any unit owner
violating this provision may be
fined by the association in
accordance with s.
719.303. The regular election
must occur on the date of the annual
meeting. This subparagraph does not
apply to timeshare cooperatives.
Notwithstanding this subparagraph,
an election and balloting are not
required unless more candidates file
a notice of intent to run or are
nominated than vacancies exist on
the board. Any challenge to the
election process must be commenced
within 60 days after the election
results are announced.
b. Within
90 days after being elected or
appointed to the board, each new
director shall certify in writing to
the secretary of the association
that he or she has read the
association’s bylaws, articles of
incorporation, proprietary lease,
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 association’s members. Within 90
days after being elected or
appointed to the board, in lieu of
this written certification, the
newly elected or appointed director
may submit a certificate of having
satisfactorily completed the
educational curriculum administered
by an education provider as approved
by the division pursuant to the
requirements established in chapter
718 within 1 year before or 90 days
after the date of election or
appointment. The educational
certificate is valid and does not
have to be resubmitted as long as
the director serves on the board
without interruption. A director who
fails to timely file the written
certification or educational
certificate is suspended from
service on the board until he or she
complies with this sub-subparagraph.
The board may temporarily fill the
vacancy during the period of
suspension. The secretary of the
association shall cause the
association to retain a director’s
written certification or educational
certificate for inspection by the
members for 5 years after a
director’s election or the duration
of the director’s uninterrupted
tenure, whichever is longer. Failure
to have such written certification
or educational certificate on file
does not affect the validity of any
board action.
2. Any
approval by unit owners called for by
this chapter, or the applicable
cooperative documents, must be made at a
duly noticed meeting of unit owners and
is subject to this chapter or the
applicable cooperative documents
relating to unit owner decisionmaking,
except that unit owners may take action
by written agreement, without meetings,
on matters for which action by written
agreement without meetings is expressly
allowed by the applicable cooperative
documents or law which provides for the
unit owner action.
3. Unit
owners may waive notice of specific
meetings if allowed by the applicable
cooperative documents or law. Notice of
meetings of the board of administration,
shareholder meetings, except shareholder
meetings called to recall board members
under paragraph (f), and committee
meetings may be given by electronic
transmission to unit owners who consent
to receive notice by electronic
transmission. A unit owner who consents
to receiving notices by electronic
transmission is solely responsible for
removing or bypassing filters that may
block receipt of mass emails sent to
members on behalf of the association in
the course of giving electronic notices.
4. Unit
owners have the right to participate in
meetings of unit owners with reference
to all designated agenda items. However,
the association may adopt reasonable
rules governing the frequency, duration,
and manner of unit owner participation.
5. Any
unit owner may tape record or videotape
meetings of the unit owners subject to
reasonable rules adopted by the
division.
6. Unless
otherwise provided in the bylaws, a
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. In the alternative, a board
may hold an election to fill the
vacancy, in which case the election
procedures must conform to the
requirements of subparagraph 1. unless
the association has opted out of the
statutory election process, in which
case the bylaws of the association
control. Unless otherwise provided in
the bylaws, a board member appointed or
elected under this subparagraph shall
fill the vacancy for the unexpired term
of the seat being filled. Filling
vacancies created by recall is governed
by paragraph (f) and rules adopted by
the division.
Notwithstanding
subparagraphs (b)2. and (d)1., an
association may, by the affirmative vote of
a majority of the total voting interests,
provide for a different voting and election
procedure in its bylaws, which vote may be
by a proxy specifically delineating the
different voting and election procedures.
The different voting and election procedures
may provide for elections to be conducted by
limited or general proxy.
(e) Budget
procedures.—
1. The
board of administration shall mail, hand
deliver, or electronically transmit to
each unit owner at the address last
furnished to the association, a meeting
notice and copies of the proposed annual
budget of common expenses to the unit
owners not less than 14 days prior to
the meeting at which the budget will be
considered. Evidence of compliance with
this 14-day notice must be made by an
affidavit executed by an officer of the
association or the manager or other
person providing notice of the meeting
and filed among the official records of
the association. The meeting must be
open to the unit owners.
2. If
an adopted budget requires assessment
against the unit owners in any fiscal or
calendar year which exceeds 115 percent
of the assessments for the preceding
year, the board upon written application
of 10 percent of the voting interests to
the board, shall call a special meeting
of the unit owners within 30 days, upon
not less than 10 days’ written notice to
each unit owner. At the special meeting,
unit owners shall consider and enact a
budget. Unless the bylaws require a
larger vote, the adoption of the budget
requires a vote of not less than a
majority of all the voting interests.
3. The
board of administration may, in any
event, propose a budget to the unit
owners at a meeting of members or by
writing, and if the budget or proposed
budget is approved by the unit owners at
the meeting or by a majority of all
voting interests in writing, the budget
is adopted. If a meeting of the unit
owners has been called and a quorum is
not attained or a substitute budget is
not adopted by the unit owners, the
budget adopted by the board of directors
goes into effect as scheduled.
4. In
determining whether assessments exceed
115 percent of similar assessments for
prior years, any authorized provisions
for reasonable reserves for repair or
replacement of cooperative property,
anticipated expenses by the association
which are not anticipated to be incurred
on a regular or annual basis, or
assessments for betterments to the
cooperative property must be excluded
from computation. However, as long as
the developer is in control of the board
of administration, the board may not
impose an assessment for any year
greater than 115 percent of the prior
fiscal or calendar year’s assessment
without approval of a majority of all
voting interests.
(f) Recall
of board members.—Subject
to s.
719.301, any member of the board of
administration may be recalled and removed
from office with or without cause by the
vote or agreement in writing by a majority
of all the voting interests. A special
meeting of the voting interests to recall
any member of the board of administration
may be called by 10 percent of the unit
owners giving notice of the meeting as
required for a meeting of unit owners, and
the notice shall state the purpose of the
meeting. Electronic transmission may not be
used as a method of giving notice of a
meeting called in whole or in part for this
purpose.
1. If
the recall is approved by a majority of
all voting interests by a vote at a
meeting, the recall shall be effective
as provided in this paragraph. 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. At the meeting, the board shall
either certify the recall, in which case
such member or members shall be recalled
effective immediately and shall turn
over to the board within 5 full business
days any and all records and property of
the association in their possession, or
shall proceed as set forth in
subparagraph 3.
2. If
the proposed recall is by an agreement
in writing by a majority of all voting
interests, the agreement in writing or a
copy thereof shall be served on the
association by certified mail or by
personal service in the manner
authorized by chapter 48 and the Florida
Rules of Civil Procedure. 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. At the meeting,
the board shall either certify the
written agreement to recall members of
the board, in which case such members
shall be recalled effective immediately
and shall turn over to the board, within
5 full business days, any and all
records and property of the association
in their possession, or proceed as
described in subparagraph 3.
3. If
the board determines not to certify the
written agreement to recall members of
the board, or does not certify the
recall by a vote at a meeting, the board
shall, within 5 full business days after
the board meeting, file with the
division a petition for binding
arbitration pursuant to the procedures
of s.
719.1255. For purposes of this
paragraph, the unit owners who voted at
the meeting or who executed the
agreement in writing shall constitute
one party under the petition for
arbitration. If the arbitrator certifies
the recall as to any member of the
board, the recall shall be effective
upon mailing of the final order of
arbitration to the association. If the
association fails to comply with the
order of the arbitrator, the division
may take action pursuant to s.
719.501. Any member so recalled
shall deliver to the board any and all
records and property of the association
in the member’s possession within 5 full
business days after the effective date
of the recall.
4. 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 immediately turn over
to the board any and all records and
property of the association.
5. If
the board fails to duly notice and hold
the required meeting or fails to file
the required petition, the unit owner
representative may file a petition
pursuant to s.
719.1255 challenging the board’s
failure to act. The petition must be
filed within 60 days after the
expiration of the applicable
5-full-business-day period. The review
of a petition under this subparagraph is
limited to the sufficiency of service on
the board and the facial validity of the
written agreement or ballots filed.
6. If
a vacancy occurs on the board as a
result of a recall 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 chapter. If vacancies occur on
the board as a result of a recall and a
majority or more of the board members
are removed, the vacancies shall be
filled in accordance with procedural
rules to be adopted by the division,
which rules need not be consistent with
this chapter. 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.
7. A
board member who has been recalled may
file a petition pursuant to s.
719.1255 challenging the validity of
the recall. The petition must be filed
within 60 days after the recall is
deemed certified. The association and
the unit owner representative shall be
named as the respondents.
8. The
division may not accept for filing a
recall petition, whether filed pursuant
to subparagraph 1., subparagraph 2.,
subparagraph 5., or subparagraph 7. and
regardless of whether the recall was
certified, 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 not
elapsed since the election of the board
member sought to be recalled.
(g) Common
expenses.—The
manner of collecting from the unit owners
their shares of the common expenses shall be
stated. Assessments shall be made against
unit owners not less frequently than
quarterly, in an amount no less than is
required to provide funds in advance for
payment of all of the anticipated current
operating expense and for all of the unpaid
operating expense previously incurred.
Nothing in this paragraph shall preclude the
right of an association to accelerate
assessments of an owner delinquent in
payment of common expenses in actions taken
pursuant to s.
719.104(4).
(h) Amendment
of bylaws.—The
method by which the bylaws may be amended
consistent with the provisions of this
chapter shall be stated. If the bylaws fail
to provide a method of amendment, the bylaws
may be amended if the amendment is approved
by owners of not less than two-thirds of the
voting interests. No bylaw shall be revised
or amended by reference to its title or
number only. Proposals to amend existing
bylaws shall contain the full text of the
bylaws to be amended; new words shall be
inserted in the text underlined, and words
to be deleted shall be lined through with
hyphens. 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.
See bylaw
for present text.” Nonmaterial errors or
omissions in the bylaw process shall not
invalidate an otherwise properly promulgated
amendment.
(i) Transfer
fees.—No
charge may be made by the association or any
body thereof in connection with the sale,
mortgage, lease, sublease, or other transfer
of a unit unless the association is required
to approve such transfer and a fee for such
approval is provided for in the cooperative
documents. Any such fee may be preset, but
in no event shall it exceed $100 per
applicant other than husband/wife or
parent/dependent child, which are considered
one applicant. However, if the lease or
sublease is a renewal of a lease or sublease
with the same lessee or sublessee, no charge
shall be made. Nothing in this paragraph
shall be construed to prohibit an
association from requiring as a condition to
permitting the letting or renting of a unit,
when the association has such authority in
the documents, the depositing into an escrow
account maintained by the association a
security deposit in an amount not to exceed
the equivalent of 1 month’s rent. The
security deposit shall protect against
damages to the common areas or cooperative
property. Within 15 days after a tenant
vacates the premises, the association shall
refund the full security deposit or give
written notice to the tenant of any claim
made against the security. Disputes under
this paragraph shall be handled in the same
fashion as disputes concerning security
deposits under s.
83.49.
(j) Annual
budget.—
1. The
proposed annual budget of common
expenses shall be detailed and shall
show the amounts budgeted by accounts
and expense classifications, including,
if applicable, but not limited to, those
expenses listed in s.
719.504(20).
2. In
addition to annual operating expenses,
the budget shall include reserve
accounts for capital expenditures and
deferred maintenance. These accounts
shall include, but not be limited to,
roof replacement, building painting, and
pavement resurfacing, regardless of the
amount of deferred maintenance expense
or replacement cost, and for any other
items for which the deferred maintenance
expense or replacement cost exceeds
$10,000. The amount to be reserved shall
be computed by means of a formula which
is based upon estimated remaining useful
life and estimated replacement cost or
deferred maintenance expense of each
reserve item. The association may adjust
replacement reserve assessments annually
to take into account any changes in
estimates or extension of the useful
life of a reserve item caused by
deferred maintenance. This paragraph
shall not apply to any budget in which
the members of an association have, at a
duly called meeting of the association,
determined for a fiscal year to provide
no reserves or reserves less adequate
than required by this subsection.
However, prior to turnover of control of
an association by a developer to unit
owners other than a developer pursuant
to s.
719.301, the developer may vote to
waive the reserves or reduce the funding
of reserves for the first 2 years of the
operation of the association after which
time reserves may only be waived or
reduced upon the vote of a majority of
all nondeveloper voting interests voting
in person or by limited proxy at a duly
called meeting of the association. If a
meeting of the unit owners has been
called to determine to provide no
reserves, or reserves less adequate than
required, and such result is not
attained or a quorum is not attained,
the reserves as included in the budget
shall go into effect.
3. Reserve
funds and any interest accruing thereon
shall remain in the reserve account or
accounts, and shall be used only for
authorized reserve expenditures unless
their use for other purposes is approved
in advance by a vote of the majority of
the voting interests, voting in person
or by limited proxy at a duly called
meeting of the association. Prior to
turnover of control of an association by
a developer to unit owners other than
the developer under s.
719.301, the developer may not vote
to use reserves for purposes other than
that for which they were intended
without the approval of a majority of
all nondeveloper voting interests,
voting in person or by limited proxy at
a duly called meeting of the
association.
(k) Insurance
or fidelity bonds.—The
association shall obtain and maintain
adequate insurance or fidelity bonding of
all persons who control or disburse funds of
the association. The insurance policy or
fidelity bond must cover the maximum funds
that will be in the custody of the
association or its management agent at any
one time. As used in this paragraph, the
term “persons who control or disburse funds
of the association” includes, but is not
limited to, those individuals authorized to
sign checks, and the president, secretary,
and treasurer of the association. The
association shall bear the cost of bonding
and insurance.
(l) Arbitration.—There
shall be a provision for mandatory
nonbinding arbitration of internal disputes
arising from the operation of the
cooperative in accordance with s.
719.1255.
(m) Director
or officer delinquencies.—A
director or officer more than 90 days
delinquent in the payment of any monetary
obligation due the association shall be
deemed to have abandoned the office,
creating a vacancy in the office to be
filled according to law.
(2) OPTIONAL
PROVISIONS.—The
bylaws may provide for the following:
(a) Administrative
rules.—A
method of adopting and of amending
administrative rules and regulations
governing the details of the operation and
use of the common areas.
(b) Use
and maintenance restrictions.—Restrictions
on, and requirements for, the use,
maintenance, and appearance of the units and
the use of the common areas, not
inconsistent with the cooperative documents,
designed to prevent unreasonable
interference with the use of the units and
common areas.
(c) Notice
of meetings.—Provisions
for giving notice by electronic
transmissions in a manner authorized by law
of meetings of the board of directors and
committees and of annual and special
meetings of the members.
(d) Other
matters.—Other
provisions not inconsistent with this
chapter or with the cooperative documents as
may be desired.
History.—s.
2, ch.
76-222; s.
1, ch.
77-174; s.
2, ch.
79-284; s.
9, ch.
81-185; s.
14, ch.
86-175; s.
23, ch.
91-103; s.
25, ch.
91-110; ss.
5, 6, ch.
91-426; s.
20, ch.
92-49; s.
17, ch.
94-350; s.
45, ch.
95-274; s.
7, ch.
96-396; s.
1775, ch.
97-102; s.
4, ch.
97-301; s.
11, ch.
98-322; s.
75, ch.
99-3; s. 9,
ch. 99-382;
s. 9, ch.
2003-14; s.
19, ch.
2010-174; s.
12, ch.
2013-188; s.
15, ch.
2014-133; s.
5, ch.
2015-97; s.
10, ch.
2018-96.
719.1064
Failure to fill vacancies on board of administration; appointment of
receiver upon petition of unit owner.
If an association fails to fill
vacancies on the board of administration sufficient to constitute a quorum
in accordance with the bylaws, any unit owner may apply to the circuit
court within whose jurisdiction the cooperative lies for the appointment
of a receiver to manage the affairs of the association. At least 30 days
prior to applying to the circuit court, the unit owner shall mail to the
association and post in a conspicuous place on the cooperative property a
notice describing the intended action, giving the association the
opportunity to fill the vacancies. If during such time the association
fails to fill the vacancies, the unit owner may proceed with the petition.
If a receiver is appointed, the association shall be responsible for the
salary of the receiver, court costs, and attorney's fees. The receiver
shall have all powers and duties of a duly constituted board of
administration and shall serve until the association fills vacancies on
the board sufficient to constitute a quorum.
History.--s.
8, ch. 81-185.
719.1065
Power of attorney; compliance with chapter.
The use of a power of
attorney that affects any aspect of the operation of a cooperative shall
be subject to and in compliance with the provisions of this chapter and
all cooperative documents, association rules and other rules adopted
pursuant to this chapter and all other covenants, conditions, and
restrictions in force at the time of the execution of the power of
attorney.
History.--s.
15, ch. 86-175.
719.107
Common expenses; assessment.--
(1)(a) Common
expenses include the expenses of the
operation, maintenance, repair, or
replacement of the cooperative property;
costs of carrying out the powers and
duties of the association; and any other
expense, whether or not included in this
paragraph, designated as common expense
by this chapter or the cooperative
documents.
(b) If
so provided in the bylaws, the cost of
communications services as defined in
chapter 202, information services, or
Internet services obtained pursuant to a
bulk contract shall be deemed a common
expense, and if not obtained pursuant to
a bulk contract, such cost shall be
considered common expense if it is
designated as such in a written contract
between the board of administration and
the company providing the communications
services as defined in chapter 202,
information services, or Internet
services. The contract shall be for a
term of not less than 2 years.
1. Any
contract made by the board after
April 2, 1992, for a community
antenna system or duly franchised
cable television service,
communications services as defined
in chapter 202, information
services, or Internet services may
be canceled by a majority of the
voting interests present at the next
regular or special meeting of the
association. Any member may make a
motion to cancel the contract, but
if no motion is made or if such
motion fails to obtain the required
majority at the next regular or
special meeting, whichever is
sooner, following the making of the
contract, then such contract shall
be deemed ratified for the term
therein expressed.
2. Any
such contract shall provide, and
shall be deemed to provide if not
expressly set forth, that any
hearing impaired or legally blind
unit owner who does not occupy the
unit with a nonhearing impaired or
sighted person may discontinue the
service without incurring disconnect
fees, penalties, or subsequent
service charges, and as to such
units, the owners shall not be
required to pay any common expenses
charge related to such service. If
less than all members of an
association share the expenses of
cable television, the expense shall
be shared equally by all
participating unit owners. The
association may use the provisions
of s.
719.108 to enforce payment of
the shares of such costs by the unit
owners receiving cable television.
(c) If
any unpaid share of common expenses or
assessments is extinguished by
foreclosure of a superior lien or by a
deed in lieu of foreclosure thereof, the
unpaid share of common expenses or
assessments are common expenses
collectible from all the unit owners in
the cooperative in which the unit is
located.
(d) With
respect to each timeshare unit, each
owner of a timeshare estate therein is
jointly and severally liable for the
payment of all assessments and other
charges levied against or with respect
to that unit pursuant to the cooperative
documents, except to the extent that the
cooperative documents provide to the
contrary. This paragraph does not apply
to any unit that is not committed to a
timeshare plan.
(e) Common
expenses include the costs of insurance
acquired by the association under the
authority of s.
719.104(3), including costs and
contingent expenses required to
participate in a self-insurance fund
authorized and approved pursuant to s.
624.462.
(2) Funds
for the payment of common expenses shall be
collected by assessments against unit owners
in the proportions or percentages of sharing
common expenses provided in the cooperative
documents.
History.—s.
2, ch. 76-222; s. 1, ch. 77-174; s. 16,
ch. 86-175; s. 21, ch. 92-49; s. 2, ch.
2000-302; s. 12, ch. 2007-80; s. 11, ch.
2018-96.
719.108
Rents and assessments; liability; lien and priority; interest; collection;
cooperative ownership.--
(1) A
unit owner, regardless of how title is
acquired, including, without limitation, a
purchaser at a judicial sale, shall be
liable for all rents and assessments coming
due while the unit owner is in exclusive
possession of a unit. In a voluntary
transfer, the unit owner in exclusive
possession shall be jointly and severally
liable with the previous unit owner for all
unpaid rents and assessments against the
previous unit owner for his or her share of
the common expenses up to the time of the
transfer, without prejudice to the rights of
the unit owner in exclusive possession to
recover from the previous unit owner the
amounts paid by the unit owner in exclusive
possession therefor.
(2) The
liability for rents and assessments may not
be avoided by waiver of the use or enjoyment
of any common areas or by abandonment of the
unit for which the rents and assessments are
made.
(3) Rents
and assessments, and installments on them,
not paid when due bear interest at the rate
provided in the cooperative documents from
the date due until paid. This rate may not
exceed the rate allowed by law and, if a
rate is not provided in the cooperative
documents, accrues at 18 percent per annum.
If the cooperative documents or bylaws so
provide, the association may charge an
administrative late fee in addition to such
interest, not to exceed the greater of $25
or 5 percent of each installment of the
assessment for each delinquent installment
that the payment is late. Any payment
received by an association must be applied
first to any interest accrued by the
association, then to any administrative late
fee, then to any costs and reasonable
attorney fees incurred in collection, and
then to the delinquent assessment. The
foregoing applies notwithstanding s.
673.3111, any purported accord and
satisfaction, or any restrictive
endorsement, designation, or instruction
placed on or accompanying a payment. The
preceding sentence is intended to clarify
existing law. A late fee is not subject to
chapter 687 or s.
719.303(4).
(4) The
association has a lien on each cooperative
parcel for any unpaid rents and assessments,
plus interest, and any administrative late
fees. If authorized by the cooperative
documents, the lien also secures reasonable
attorney fees incurred by the association
incident to the collection of the rents and
assessments or enforcement of such lien. The
lien is effective from and after recording a
claim of lien in the public records in the
county in which the cooperative parcel is
located which states the description of the
cooperative parcel, the name of the unit
owner, the amount due, and the due dates.
Except as otherwise provided in this
chapter, a lien may not be filed by the
association against a cooperative parcel
until 30 days after the date on which a
notice of intent to file a lien has been
delivered to the owner.
(a) The
notice must be sent to the unit owner at
the address of the unit by first-class
United States mail, and the notice must
be in substantially the following form:
NOTICE OF INTENT
TO RECORD A CLAIM OF LIEN
RE: Unit
(unit number) of
(name of cooperative)
The following amounts
are currently due on your account to
(name of association) , and
must be paid within 30 days after your
receipt of this letter. This letter
shall serve as the association’s notice
of intent to record a Claim of Lien
against your property no sooner than 30
days after your receipt of this letter,
unless you pay in full the amounts set
forth below:
Maintenance due
(dates) $ .
Late fee, if
applicable $ .
Interest through
(dates) * $ .
Certified mail
charges $ .
Other costs $ .
TOTAL OUTSTANDING $ .
*Interest accrues at
the rate of
percent per annum.
1. If
the most recent address of the unit
owner on the records of the
association is the address of the
unit, the notice must be sent by
certified mail, return receipt
requested, to the unit owner at the
address of the unit.
2. If
the most recent address of the unit
owner on the records of the
association is in the United States,
but is not the address of the unit,
the notice must be sent by certified
mail, return receipt requested, to
the unit owner at his or her most
recent address.
3. If
the most recent address of the unit
owner on the records of the
association is not in the United
States, the notice must be sent by
first-class United States mail to
the unit owner at his or her most
recent address.
(b) A
notice that is sent pursuant to this
subsection is deemed delivered upon
mailing. A claim of lien must be
executed and acknowledged by an officer
or authorized agent of the association.
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. The 1-year period
is automatically extended for any length
of time during which the association is
prevented from filing a foreclosure
action by an automatic stay resulting
from a bankruptcy petition filed by the
parcel owner or any other person
claiming an interest in the parcel. The
claim of lien secures all unpaid rents
and 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 and
all reasonable costs and attorney fees
incurred by the association incident to
the collection process. Upon payment in
full, the person making the payment is
entitled to a satisfaction of the lien.
(c) By
recording a notice in substantially the
following form, a unit owner or the unit
owner’s agent or attorney may require
the association to enforce a recorded
claim of lien against his or her
cooperative parcel:
NOTICE OF CONTEST
OF LIEN
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.
Executed this
day of
,
(year) .
Signed:
(Owner or Attorney)
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.
Service is complete upon mailing. After
service, the association has 90 days in
which to file an action to enforce the
lien. If the action is not filed within
the 90-day period, the lien is void.
However, the 90-day period shall be
extended for any length of time during
which the association is prevented from
filing its action because of an
automatic stay resulting from the filing
of a bankruptcy petition by the unit
owner or by any other person claiming an
interest in the parcel.
(d) A
release of lien must be in substantially
the following form:
RELEASE OF LIEN
The undersigned
lienor, in consideration of the final
payment in the amount of $ ,
hereby waives and releases its lien and
right to claim a lien for unpaid
assessments through
,
(year) , recorded in the
Official Records Book
at Page
,
of the public records of
County, Florida, for the following
described real property:
THAT COOPERATIVE
PARCEL WHICH INCLUDES UNIT NO.
OF
(NAME OF COOPERATIVE) , A
COOPERATIVE AS SET FORTH IN THE
COOPERATIVE DOCUMENTS AND THE EXHIBITS
ANNEXED THERETO AND FORMING A PART
THEREOF, RECORDED IN OFFICIAL RECORDS
BOOK
,
PAGE
,
OF THE PUBLIC RECORDS OF
COUNTY, FLORIDA.
(Signature of Authorized Agent) (Signature
of Witness)
(Print Name) (Print
Name)
(Signature of Witness)
(Print Name)
Sworn to (or
affirmed) and subscribed before me this
day of
,
(year) , by
(name of person making statement) .
(Signature of Notary Public)
(Print, type, or stamp commissioned
name of Notary Public)
Personally Known
OR Produced
as identification.
(5) Liens
for rents and assessments may be foreclosed
by suit brought in the name of the
association, in like manner as a foreclosure
of a mortgage on real property. In any
foreclosure, the unit owner shall pay a
reasonable rental for the cooperative
parcel, if so provided in the cooperative
documents, and the plaintiff in the
foreclosure is entitled to the appointment
of a receiver to collect the rent. The
association has the power, unless prohibited
by the cooperative documents, to bid on the
cooperative parcel at the foreclosure sale
and to acquire and hold, lease, mortgage, or
convey it. Suit to recover a money judgment
for unpaid rents and assessments may be
maintained without waiving the lien securing
them.
(6) Within
10 business days after receiving a written
or electronic request for an estoppel
certificate from a unit owner or the unit
owner’s designee, or a unit mortgagee or the
unit mortgagee’s designee, the association
shall issue the estoppel certificate. 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. 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.
(a) An
estoppel certificate may be completed by
any board member, authorized agent, or
authorized representative of the
association, including any authorized
agent, authorized representative, or
employee of a management company
authorized to complete this form on
behalf of the board or association. The
estoppel certificate must contain all of
the following information and must be
substantially in the following form:
1. Date of issuance:
2. Name(s) of the
unit owner(s) as reflected in the books
and records of the association:
3. Unit designation
and address:
4. Parking or garage
space number, as reflected in the books
and records of the association:
5. Attorney’s name
and contact information if the account
is delinquent and has been turned over
to an attorney for collection. No fee
may be charged for this information.
6. Fee for the
preparation and delivery of the estoppel
certificate:
7. Name of the
requestor:
8. Assessment
information and other information:
ASSESSMENT
INFORMATION:
a. The regular
periodic assessment levied against the
unit is $
per
(insert frequency of payment).
b. The regular
periodic assessment is paid through
(insert date paid through) .
c. The next
installment of the regular periodic
assessment is due
(insert due date) in the
amount of $ .
d. An itemized list
of all assessments, special assessments,
and other moneys owed by the unit owner
on the date of issuance to the
association for a specific unit is
provided.
e. An itemized list
of any additional assessments, special
assessments, and other moneys that are
scheduled to become due for each day
after the date of issuance for the
effective period of the estoppel
certificate is provided. In calculating
the amounts that are scheduled to become
due, the association may assume that any
delinquent amounts will remain
delinquent during the effective period
of the estoppel certificate.
OTHER INFORMATION:
f. Is there a capital
contribution fee, resale fee, transfer
fee, or other fee due?
(Yes) (No) . If yes,
specify the type and amount of the fee.
g. Is there any open
violation of rule or regulation noticed
to the unit owner in the association
official records?
(Yes) (No) .
h. Do the rules and
regulations of the association
applicable to the unit require approval
by the board of directors of the
association for the transfer of the
unit?
(Yes) (No) . If yes, has
the board approved the transfer of the
unit?
(Yes) (No) .
i. Is there a right
of first refusal provided to the members
or the association?
(Yes) (No) . If yes, have
the members or the association exercised
that right of first refusal?
(Yes) (No) .
j. Provide a list of,
and contact information for, all other
associations of which the unit is a
member.
k. Provide contact
information for all insurance maintained
by the association.
l. Provide the
signature of an officer or authorized
agent of the association.
The association, at
its option, may include additional
information in the estoppel certificate.
(b) An
estoppel certificate that is hand
delivered or sent by electronic means
has a 30-day effective period. An
estoppel certificate that is sent by
regular mail has a 35-day effective
period. 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. A fee may not be charged for an
amended estoppel certificate. An amended
estoppel certificate must be delivered
on the date of issuance, and a new
30-day or 35-day effective period begins
on such date.
(c) An
association waives the right to collect
any moneys owed in excess of the amounts
specified in the estoppel certificate
from any person who in good faith relies
upon the estoppel certificate and from
the person’s successors and assigns.
(d) If
an association receives a request for an
estoppel certificate from a unit owner
or the unit owner’s designee, or a unit
mortgagee or the unit mortgagee’s
designee, and fails to deliver the
estoppel certificate within 10 business
days, a fee may not be charged for the
preparation and delivery of that
estoppel certificate.
(e) A
summary proceeding pursuant to s.
51.011 may be brought to compel
compliance with this subsection, and in
any such action the prevailing party is
entitled to recover reasonable attorney
fees.
(f) Notwithstanding
any limitation on transfer fees
contained in s.
719.106(1)(i), an association or
its authorized agent may charge a
reasonable fee for the preparation and
delivery of an estoppel certificate,
which may not exceed $250 if, on the
date the certificate is issued, no
delinquent amounts are owed to the
association for the applicable unit. If
an estoppel certificate is requested on
an expedited basis and delivered within
3 business days after the request, the
association may charge an additional fee
of $100. If a delinquent amount is owed
to the association for the applicable
unit, an additional fee for the estoppel
certificate may not exceed $150.
(g) If
estoppel certificates for multiple units
owned by the same owner are
simultaneously requested from the same
association and there are no past due
monetary obligations owed to the
association, the statement of moneys due
for those units may be delivered in one
or more estoppel certificates, and, even
though the fee for each unit shall be
computed as set forth in paragraph (f),
the total fee that the association may
charge for the preparation and delivery
of the estoppel certificates may not
exceed, in the aggregate:
1. For
25 or fewer units, $750.
2. For
26 to 50 units, $1,000.
3. For
51 to 100 units, $1,500.
4. For
more than 100 units, $2,500.
(h) The
authority to charge a fee for the
preparation and delivery of the estoppel
certificate must be established by a
written resolution adopted by the board
or provided by a written management,
bookkeeping, or maintenance contract and
is payable upon the preparation of the
certificate. If the certificate is
requested in conjunction with the sale
or mortgage of a parcel but the closing
does not occur and no later than 30 days
after the closing date for which the
certificate was sought the preparer
receives a written request, accompanied
by reasonable documentation, that the
sale did not occur from a payor that is
not the parcel owner, the fee shall be
refunded to that payor within 30 days
after receipt of the request. The refund
is the obligation of the parcel owner,
and the association may collect it from
that owner in the same manner as an
assessment as provided in this section.
The right to reimbursement may not be
waived or modified by any contract or
agreement. The prevailing party in any
action brought to enforce a right of
reimbursement shall be awarded damages
and all applicable attorney fees and
costs.
(i) 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.
The Department of Business and
Professional Regulation shall
periodically calculate the fees, rounded
to the nearest dollar, and publish the
amounts, as adjusted, on its website.
(7) The
remedies provided in this section do not
exclude other remedies provided by the
cooperative documents and permitted by law.
(8)(a) No
unit owner may be excused from the
payment of his or her share of the rents
or assessments of a cooperative unless
all unit owners are likewise
proportionately excused from payment,
except as provided in subsection (6) and
in the following cases:
1. If
the cooperative documents so
provide, a developer or other person
owning cooperative units offered for
sale may be excused from the payment
of the share of the common expenses,
assessments, and rents related to
those units for a stated period of
time. The period must terminate no
later than the first day of the
fourth calendar month following the
month in which the right of
exclusive possession is first
granted to a unit owner. However,
the developer must pay the portion
of common expenses incurred during
that period which exceed the amount
assessed against other unit owners.
2. A
developer, or other person with an
ownership interest in cooperative
units or having an obligation to pay
common expenses, may be excused from
the payment of his or her share of
the common expenses which would have
been assessed against those units
during the period of time that he or
she shall have guaranteed to each
purchaser in the purchase contract
or in the cooperative documents, or
by agreement between the developer
and a majority of the unit owners
other than the developer, that the
assessment for common expenses of
the cooperative imposed upon the
unit owners would not increase over
a stated dollar amount and shall
have obligated himself or herself to
pay any amount of common expenses
incurred during that period and not
produced by the assessments at the
guaranteed level receivable from
other unit owners.
(b) If
the purchase contract, cooperative
documents, or agreement between the
developer and a majority of unit owners
other than the developer provides for
the developer or another person to be
excused from the payment of assessments
pursuant to paragraph (a), no funds
receivable from unit owners payable to
the association or collected by the
developer on behalf of the association,
other than regular periodic assessments
for common expenses as provided in the
cooperative documents and disclosed in
the estimated operating budget pursuant
to s.
719.503(1)(b)6. or s.
719.504(20)(b), may be used for
payment of common expenses prior to the
expiration of the period during which
the developer or other person is so
excused. This restriction applies to
funds including, but not limited to,
capital contributions or startup funds
collected from unit purchasers at
closing.
(9) The
specific purposes of any special assessment,
including any contingent special assessment
levied in conjunction with the purchase of
an insurance policy authorized by s.
719.104(3), approved in accordance
with the cooperative documents shall be set
forth in a written notice of such assessment
sent or delivered to each unit owner. The
funds collected pursuant to a special
assessment shall be used only for the
specific purpose or purposes set forth in
such notice or returned to the unit owners.
However, upon completion of such specific
purposes, any excess funds shall be
considered common surplus and may, at the
discretion of the board, either be returned
to the unit owners or applied as a credit
toward future assessments.
(10)(a) If
the unit is occupied by a tenant and the
unit owner is delinquent in paying any
monetary obligation due to the
association, the association may make a
written demand that the tenant pay to
the association the subsequent rental
payments and continue to make such
payments until all monetary obligations
of the unit owner related to the unit
have been paid in full to the
association. The tenant must pay the
monetary obligations to the association
until the association releases the
tenant or the tenant discontinues
tenancy in the unit.
1. The
association must provide the tenant
a notice, by hand delivery or United
States mail, in substantially the
following form:
Pursuant to
section
719.108(10), Florida
Statutes, we demand that you make
your rent payments directly to the
cooperative association and continue
doing so until the association
notifies you otherwise.
Payment due the
cooperative 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) .
Your obligation
to pay your rent to the association
begins immediately, unless you have
already paid rent to your landlord
for the current period before
receiving this notice. 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.
Pursuant to
section
719.108(10), Florida
Statutes, your payment of rent to
the association gives you complete
immunity from any claim for the rent
by your landlord.
2. The
association must mail written notice
to the unit owner of the
association’s demand that the tenant
make payments to the association.
3. The
association shall, upon request,
provide the tenant with written
receipts for payments made.
4. 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.
(b) 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.
(c) The
liability of the tenant may not exceed
the amount due from the tenant to the
tenant’s landlord. The tenant’s landlord
shall provide the tenant a credit
against rents due to the landlord in the
amount of moneys paid to the
association.
(d) The
association may issue notice under s.
83.56 and sue for eviction under
ss.
83.59-83.625
as if the association were a landlord
under part II of chapter 83 if the
tenant fails to pay a required payment
to the association after written demand
has been made to the tenant. However,
the association is not otherwise
considered a landlord under chapter 83
and specifically has no obligations
under s.
83.51.
(e) The
tenant does not, by virtue of payment of
monetary obligations to the association,
have any of the rights of a unit owner
to vote in any election or to examine
the books and records of the
association.
(f) A
court may supersede the effect of this
subsection by appointing a receiver.
History.—s.
2, ch. 76-222; s. 1, ch. 77-174; s. 17, ch.
86-175; s. 22, ch. 92-49; s. 59, ch. 95-211;
s. 877, ch. 97-102; s. 10, ch. 2003-14; s.
13, ch. 2007-80; s. 5, ch. 2008-202; s. 21,
ch. 2010-174; s. 14, ch. 2011-196; s. 5, ch.
2014-146; s. 13, ch. 2015-97; s. 82, ch.
2016-10; s. 2, ch. 2017-93.
719.109
Right of owners to peaceably assemble.--
(1) All
common areas and recreational facilities serving any cooperative shall be
available to unit owners in the cooperative or cooperatives served thereby
and their invited guests for the use intended for such common areas and
recreational facilities. The entity or entities responsible for the
operation of the common areas and recreational facilities may adopt
reasonable rules and regulations pertaining to the use of such common
areas and recreational facilities. No entity or entities shall
unreasonably restrict any unit owner's right to peaceably assemble or
right to invite public officers or candidates for public office to appear
and speak in common areas and recreational facilities.
(2) Any
owner prevented from exercising rights guaranteed by subsection (1) may
bring an action in the appropriate court of the county in which the
alleged infringement occurred, and, upon favorable adjudication, the court
shall enjoin the enforcement of any provision contained in any cooperative
document or rule which operates to deprive the owner of such rights.
History.--s.
2, ch. 77-222; s. 265, ch. 79-400; s. 10, ch. 81-185; s. 18, ch. 86-175.
719.110
Limitation on actions by association.--The statute of limitations for
any actions in law or equity which a cooperative association may have
shall not begin to run until the unit owners have elected a majority of
the members of the board of administration.
History.--s.
9, ch. 77-222; s. 266, ch. 79-400; s. 19, ch. 86-175.
719.111
Attorney's fees.--If a contract or lease between a cooperative unit
owner or association and a developer contains a provision allowing
attorney's fees to the developer, should any litigation arise under the
provisions of the contract or lease, the court shall also allow reasonable
attorney's fees to the unit owner or association when the unit owner or
association prevails in any action by or against the unit owner or
association with respect to the contract or lease.
History.--ss.
10, 11, ch. 78-340; s. 20, ch. 86-175.
719.112
Unconscionability of certain leases; rebuttable presumption.--
(1) The
Legislature expressly finds that many leases involving use of recreational
or other common facilities by residents of cooperatives were entered into
by parties wholly representative of the interests of a cooperative
developer at a time when the cooperative unit owners not only did not
control the administration of their cooperative but also had little or no
voice in such administration. Such leases often contain numerous
obligations on the part of either or both a cooperative association and
cooperative unit owners with relatively few obligations on the part of the
lessor. Such leases may or may not be unconscionable in any given case.
Nevertheless, the Legislature finds that a combination of certain onerous
obligations and circumstances warrants the establishment of a rebuttable
presumption of unconscionability of certain leases, as specified in
subsection (2). The presumption may be rebutted by a lessor upon the
showing of additional facts and circumstances to justify and validate what
otherwise appears to be an unconscionable lease under this section.
Failure of a lease to contain all the enumerated elements shall neither
preclude a determination of unconscionability of the lease nor raise a
presumption as to its conscionability. It is the intent of the Legislature
that this section is remedial and does not create any new cause of action
to invalidate any cooperative lease, but shall operate as a statutory
prescription on procedural matters in actions brought on one or more
causes of action existing at the time of the execution of such lease.
(2) A
lease pertaining to use by cooperative unit owners of recreational or
other common facilities, irrespective of the date on which such lease was
entered into, is presumptively unconscionable if all of the following
elements exist:
(a) The
lease was executed by persons none of whom at the time of the execution of
the lease were elected by cooperative unit owners, other than the
developer, to represent their interests.
(b) The
lease requires either the cooperative association or the cooperative unit
owners to pay real estate taxes on the subject real property.
(c) The
lease requires either the cooperative association or the cooperative unit
owners to insure buildings or other facilities on the subject real
property against fire or any other hazard.
(d) The
lease requires either the cooperative association or the cooperative unit
owners to perform some or all maintenance obligations pertaining to the
subject real property or facilities located upon the subject real
property.
(e) The
lease requires either the cooperative association or the cooperative unit
owners to pay rent to the lessor for a period of 21 years or more.
(f) The
lease provides that failure of the lessee to make payment of rent due
under the lease either creates, establishes, or permits establishment of a
lien upon individual cooperative units of the cooperative or upon stock or
other ownership interest to secure claims for rent.
(g) The
lease requires an annual rental which exceeds 25 percent of the appraised
value of the leased property as improved. For purposes of this paragraph,
"annual rental" means the amount due during the first 12 months
of the lease for all units, regardless of whether such units were in fact
occupied or sold during that period, and "appraised value" means
the appraised value placed upon the leased property the first tax year
after the sale of a unit in the cooperative.
(h) The
lease provides for a periodic rental increase.
(i) The
lease or other cooperative documents require that every transferee of a
cooperative unit must assume obligations under the lease.
(3) Any
provision of the Florida Statutes to the contrary notwithstanding, neither
the statute of limitations nor laches shall prohibit unit owners from
maintaining a cause of action under the provisions of this section.
History.--s.
3, ch. 79-284; s. 21, ch. 86-175; s. 26, ch. 91-110; s. 18, ch. 94-350.
719.1124
Failure to fill vacancies on board of administration sufficient to
constitute a quorum; appointment of receiver upon petition of unit owner.--
(1) If
an association fails to fill vacancies on the board of administration
sufficient to constitute a quorum in accordance with the bylaws, any unit
owner may give notice of his or her intent to apply to the circuit court
within whose jurisdiction the cooperative lies for the appointment of a
receiver to manage the affairs of the association. The form of the notice
shall be as follows:
NOTICE OF INTENT TO
APPLY FOR RECEIVERSHIP
YOU
ARE HEREBY NOTIFIED that the undersigned owner of a unit in (name
of cooperative) 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. This petition will not be filed if the vacancies are filled
within 30 days after the date on which this notice was sent or posted,
whichever is later. 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 attorney's fees payable from
association funds.
(name and address of petitioning
unit owner)
(2) The notice required by
subsection (1) must be provided by the unit owner to the association by
certified mail or personal delivery, must be posted in a conspicuous place
on the cooperative property, and must be provided to every unit owner of
the association by certified mail or personal delivery. The notice must be
posted and mailed or delivered at least 30 days prior to the filing of a
petition seeking receivership. Notice by mail to a unit owner shall be
sent to the address used by the county property appraiser for notice to
the unit owner.
(3) If the association fails to
fill the vacancies within 30 days after the notice required by subsection
(1) is posted and mailed or delivered, the unit owner may proceed with the
petition.
(4) If a receiver is appointed,
all unit owners shall be given written notice of such appointment as
provided in s. 719.127.
(5) The association shall be
responsible for the salary of the receiver, court costs, and attorney's
fees. The receiver shall have all powers and duties of a duly constituted
board of administration and shall serve until the association fills
vacancies on the board sufficient to constitute a quorum and the court
relieves the receiver of the appointment.
History.--s. 6, ch. 2008-202.
719.114
Separate taxation of cooperative parcels; survival of contractual
provisions after tax sale.--
(1) Ad
valorem taxes and special assessments by taxing authorities shall be
assessed against the cooperative parcels and not upon the cooperative
property as a whole. No ad valorem tax or special assessment may be
separately assessed against common areas if the common areas are owned by
the cooperative association or are jointly owned by the owners of the
cooperative parcels. Each cooperative parcel shall be separately assessed
for ad valorem taxes and special assessments as a single parcel. The
property appraiser must be provided the necessary documents, as evidenced
in the official records of the clerk of the circuit court of the county,
to make a determination as to the ownership of a cooperative parcel for
assessment and homestead tax exemption purposes. The taxes and special
assessments levied against each cooperative parcel shall constitute a lien
only upon the cooperative parcel assessed and upon no other portion of the
cooperative property.
(2) All
contractual provisions relating to a cooperative parcel which has been
sold for taxes or special assessments survive and are enforceable after
issuance of a tax deed or master's deed, upon foreclosure of an
assessment, a certificate or lien, a tax deed, tax certificate, or tax
lien, to the same extent that they would be enforceable against a
voluntary grantee of the title immediately prior to the delivery of the
tax deed, master's deed, or clerk's certificate of title as provided in s.
197.573.
(3) Cooperative
property divided into timeshare estates shall be assessed for purposes of
ad valorem taxes and special assessments as provided in s. 192.037.
History.--s.
22, ch. 86-175; s. 12, ch. 92-32; s. 3, ch. 2000-302.
719.115
Limitation of liability.--
(1) The
liability of the owner of a unit for common expenses is limited to the
amounts for which he or she is assessed for common expenses from time to
time in accordance with this chapter, the cooperative documents, and the
bylaws.
(2) The
owner of a unit may be personally liable for acts or omissions of the
association in relation to the use of the common areas, but only to the
extent of his or her pro rata share of the liability in the same
percentage of his or her designated portion of the common expenses and
then in no case shall the liability exceed the value of his or her unit.
(3) In
any legal action in which the association may be exposed to liability in
excess of insurance coverage protecting it and the unit owners, the
association shall give notice of the exposure within a reasonable time to
all unit owners, and they shall have the right to intervene and defend.
History.--s.
10, ch. 99-382.
719.1255
Alternative resolution of disputes.
The Division of Florida Condominiums,
Timeshares, and Mobile Homes of the Department of Business and
Professional Regulation shall provide for alternative dispute resolution
in accordance with s. 718.1255.
History.--s. 23, ch. 86-175; s. 23, ch. 92-49; s. 237, ch.
94-218; s. 56, ch. 2008-240.
719.127
Receivership notification.
Upon the appointment of a receiver by a
court for any reason relating to a cooperative association, the court
shall direct the receiver to provide to all unit owners written notice of
his or her appointment as receiver. Such notice shall be mailed or
delivered within 10 days after the appointment. Notice by mail to a unit
owner shall be sent to the address used by the county property appraiser
for notice to the unit owner.
History.--s. 7, ch. 2008-202.
719.128
Association
emergency powers.
(1)
To
the extent allowed by law, unless specifically prohibited by the cooperative
documents, and consistent with s. 617.0830,
the board of administration, in response to damage caused by an event for
which a state of emergency is declared pursuant to s. 252.36
in the area encompassed by the cooperative, may exercise the following
powers:
(a)
Conduct
board or membership meetings after notice of the meetings and board
decisions is provided in as practicable a manner as possible, including via
publication, radio, United States mail, the Internet, public service
announcements, conspicuous posting on the cooperative property, or any other
means the board deems appropriate under the circumstances.
(b)
Cancel
and reschedule an association meeting.
(c)
Designate
assistant officers who are not directors. If the executive officer is
incapacitated or unavailable, the assistant officer has the same authority
during the state of emergency as the executive officer he or she assists.
(d)
Relocate
the association’s principal office or designate an alternative principal
office.
(e)
Enter
into agreements with counties and municipalities to assist counties and
municipalities with debris removal.
(f)
Implement
a disaster plan before or immediately following the event for which a state
of emergency is declared, which may include turning on or shutting off
elevators; electricity; water, sewer, or security systems; or air
conditioners for association buildings.
(g)
Based
upon the advice of emergency management officials or upon the advice of
licensed professionals retained by the board of administration, determine
any portion of the cooperative property unavailable for entry or occupancy
by unit owners or their family members, tenants, guests, agents, or invitees
to protect their health, safety, or welfare.
(h)
Based
upon the advice of emergency management officials or upon the advice of
licensed professionals retained by the board of administration, determine
whether the cooperative property can be safely inhabited or occupied.
However, such determination is not conclusive as to any determination of
habitability pursuant to the declaration.
(i)
Require
the evacuation of the cooperative property in the event of a mandatory
evacuation order in the area where the cooperative is located. If a unit
owner or other occupant of a cooperative fails to evacuate the cooperative
property for which the board has required evacuation, the association is
immune from liability for injury to persons or property arising from such
failure.
(j)
Mitigate
further damage, including taking action to contract for the removal of
debris and to prevent or mitigate the spread of fungus, including mold or
mildew, by removing and disposing of wet drywall, insulation, carpet,
cabinetry, or other fixtures on or within the cooperative property,
regardless of whether the unit owner is obligated by the declaration or law
to insure or replace those fixtures and to remove personal property from a
unit.
(k)
Contract,
on behalf of a unit owner, for items or services for which the owner is
otherwise individually responsible, but which are necessary to prevent
further damage to the cooperative property. In such event, the unit owner on
whose behalf the board has contracted is responsible for reimbursing the
association for the actual costs of the items or services, and the
association may use its lien authority provided by s. 719.108
to enforce collection of the charges. Such items or services may include the
drying of the unit, the boarding of broken windows or doors, and the
replacement of a damaged air conditioner or air handler to provide climate
control in the unit or other portions of the property.
(l)
Notwithstanding
a provision to the contrary, and regardless of whether such authority does
not specifically appear in the cooperative documents, levy special
assessments without a vote of the owners.
(m)
Without
unit owners’ approval, borrow money and pledge association assets as
collateral to fund emergency repairs and carry out the duties of the
association if operating funds are insufficient. This paragraph does not
limit the general authority of the association to borrow money, subject to
such restrictions contained in the cooperative documents.
(2)
The
authority granted under subsection (1) is limited to that time reasonably
necessary to protect the health, safety, and welfare of the association and
the unit owners and their family members, tenants, guests, agents, or
invitees, and to mitigate further damage and make emergency repairs.
History.—s.
16, ch. 2014-133.
719.129 Electronic
voting.—
The association may conduct elections and other
unit owner votes through an Internet-based
online voting system if a unit owner consents,
in writing, to online voting and if the
following requirements are met:
(1) The
association provides each unit owner with:
(a) A
method to authenticate the unit owner’s
identity to the online voting system.
(b) For
elections of the board, a method to
transmit an electronic ballot to the
online voting system that ensures the
secrecy and integrity of each ballot.
(c) A
method to confirm, at least 14 days
before the voting deadline, that the
unit owner’s electronic device can
successfully communicate with the online
voting system.
(2) The
association uses an online voting system
that is:
(a) Able
to authenticate the unit owner’s
identity.
(b) Able
to authenticate the validity of each
electronic vote to ensure that the vote
is not altered in transit.
(c) Able
to transmit a receipt from the online
voting system to each unit owner who
casts an electronic vote.
(d) For
elections of the board of
administration, able to permanently
separate any authentication or
identifying information from the
electronic election ballot, rendering it
impossible to tie an election ballot to
a specific unit owner.
(e) Able
to store and keep electronic votes
accessible to election officials for
recount, inspection, and review
purposes.
(3) A
unit owner voting electronically pursuant to
this section shall be counted as being in
attendance at the meeting for purposes of
determining a quorum. A substantive vote of
the unit owners may not be taken on any
issue other than the issues specifically
identified in the electronic vote, when a
quorum is established based on unit owners
voting electronically pursuant to this
section.
(4) This
section applies to an association that
provides for and authorizes an online voting
system pursuant to this section by a board
resolution. The board resolution must
provide that unit owners receive notice of
the opportunity to vote through an online
voting system, must establish reasonable
procedures and deadlines for unit owners to
consent, in writing, to online voting, and
must establish reasonable procedures and
deadlines for unit owners to opt out of
online voting after giving consent. Written
notice of a meeting at which the resolution
will be considered must be mailed,
delivered, or electronically transmitted to
the unit owners and posted conspicuously on
the condominium property or association
property at least 14 days before the
meeting. Evidence of compliance with the
14-day notice requirement must be made by an
affidavit executed by the person providing
the notice and filed with the official
records of the association.
(5) A
unit owner’s consent to online voting is
valid until the unit owner opts out of
online voting pursuant to the procedures
established by the board of administration
pursuant to subsection (4).
(6) This
section may apply to any matter that
requires a vote of the unit owners who are
not members of a timeshare cooperative
association.
History.—s.
6, ch. 2015-97.
719.131 Law enforcement vehicles.—
An association may not prohibit a law enforcement officer, as defined in s.
943.10(1), who is a unit owner, or who is a tenant, guest, or invitee of a
unit owner, from parking his or her assigned law enforcement vehicle in an
area where the unit owner, or the tenant, guest, or invitee of the unit
owner, otherwise has a right to park.
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