718.401 Leaseholds.
718.4015
Condominium leases; escalation clauses.
718.402 Conversion
of existing improvements to condominium.
718.403 Phase
condominiums.
718.404 Mixed-use
condominiums.
718.405 Multicondominiums;
multicondominium associations.
718.406 Condominiums created within
condominium parcels.—
718.401 Leaseholds.--
(1) A condominium may be created on lands held
under lease or may include recreational facilities or other common elements or
commonly used facilities on a leasehold if, on the date the first unit is
conveyed by the developer to a bona fide purchaser, the lease has an unexpired
term of at least 50 years. However, if the condominium constitutes a
nonresidential condominium or commercial condominium, or a timeshare condominium
created pursuant to chapter 721, the lease shall have an unexpired term of at
least 30 years. If rent under the lease is payable by the association or by the
unit owners, the lease shall include the following requirements:
(a) The leased land must be identified by a
description that is sufficient to pass title, and the leased personal property
must be identified by a general description of the items of personal property
and the approximate number of each item of personal property that the developer
is committing to furnish for each room or other facility. In the alternative,
the personal property may be identified by a representation as to the minimum
amount of expenditure that will be made to purchase the personal property for
the facility. Unless the lease is of a unit, the identification of the land
shall be supplemented by a survey showing the relation of the leased land to the
land included in the common elements. This provision shall not prohibit adding
additional land or personal property in accordance with the terms of the lease,
provided there is no increase in rent or material increase in maintenance costs
to the individual unit owner.
(b) The lease shall not contain a reservation
of the right of possession or control of the leased property by the lessor or
any person other than unit owners or the association and shall not create rights
to possession or use of the leased property in any parties other than the
association or unit owners of the condominium to be served by the leased
property, unless the reservations and rights created are conspicuously
disclosed. Any provision for use of the leased property by anyone other than
unit owners of the condominium to be served by the leased property shall require
the other users to pay a fair and reasonable share of the maintenance and repair
obligations and other exactions due from users of the leased property.
(c) The lease shall state the minimum number of
unit owners that will be required, directly or indirectly, to pay the rent under
the lease and the maximum number of units that will be served by the leased
property. The limitation of the number of units to be served shall not preclude
enlargement of the facilities leased and an increase in their capacity, if
approved by the association operating the leased property after unit owners
other than the developer have assumed control of the association. The provisions
of this paragraph do not apply if the lessor is the Government of the United
States or this state or any political subdivision thereof or any agency of any
political subdivision thereof.
(d)1. In any action by the lessor to enforce a
lien for rent payable or in any action by the association or a unit owner with
respect to the obligations of the lessee or the lessor under the lease, the unit
owner or the association may raise any issue or interpose any defense, legal or
equitable, that he or she or it may have with respect to the lessor's
obligations under the lease. If the unit owner or the association initiates any
action or interposes any defense other than payment of rent under the lease, the
unit owner or the association shall, upon service of process upon the lessor,
pay into the registry of the court any allegedly accrued rent and the rent which
accrues during the pendency of the proceeding, when due. If the unit owner or
the association fails to pay the rent into the registry of the court, the
failure constitutes an absolute waiver of the unit owner's or association's
defenses other than payment, and the lessor is entitled to default. The unit
owner or the association shall notify the lessor of any deposits. When the unit
owner or the association has deposited the required funds into the registry of
the court, the lessor may apply to the court for disbursement of all or part of
the funds shown to be necessary for the payment of taxes, mortgage payments,
maintenance and operating expenses, and other necessary expenses incident to
maintaining and equipping the leased facilities or necessary for the payment of
other expenses arising out of personal hardship resulting from the loss of
rental income from the leased facilities. The court, after an evidentiary
hearing, may award all or part of the funds on deposit to the lessor for such
purpose. The court shall require the lessor to post bond or other security, as a
condition to the release of funds from the registry, when the value of the
leased land and improvements, apart from the lease itself, is inadequate to
fully secure the sum of existing encumbrances on the leased property and the
amounts released from the court registry.
2. When the association or unit owners have
deposited funds into the registry of the court pursuant to this subsection and
the unit owners and association have otherwise complied with their obligations
under the lease or agreement, other than paying rent into the registry of the
court rather than to the lessor, the lessor cannot hold the association or unit
owners in default on their rental payments nor may the lessor file liens or
initiate foreclosure proceedings against unit owners. If the lessor, in
violation of this subsection, attempts such liens or foreclosures, then the
lessor may be liable for damages plus attorney's fees and costs that the
association or unit owners incurred in satisfying those liens or foreclosures.
3. Nothing in this paragraph affects litigation
commenced prior to October 1, 1979.
(e) If the lease is of recreational facilities
or other commonly used facilities that are not completed, rent shall not
commence until some of the facilities are completed. Until all of the facilities
leased are completed, rent shall be prorated and paid only for the completed
facilities in the proportion that the value of the completed facilities bears to
the estimated value, when completed, of all of the facilities that are leased.
The facilities shall be complete when they have been constructed, finished, and
equipped and are available for use.
(f)1. A lease of recreational or other commonly
used facilities entered into by the association or unit owners prior to the time
when the control of the association is turned over to unit owners other than the
developer shall grant to the lessee an option to purchase the leased property,
payable in cash, on any anniversary date of the beginning of the lease term
after the 10th anniversary, at a price then determined by agreement. If there is
no agreement as to the price, then the price shall be determined by arbitration
conducted pursuant to chapter 44 or chapter 682. This paragraph shall be applied
to contracts entered into on, before, or after January 1, 1977, regardless of
the duration of the lease.
2. If the lessor wishes to sell his or her
interest and has received a bona fide offer to purchase it, the lessor shall
send the association and each unit owner a copy of the executed offer. For 90
days following receipt of the offer by the association or unit owners, the
association or unit owners have the option to purchase the interest on the terms
and conditions in the offer. The option shall be exercised, if at all, by notice
in writing given to the lessor within the 90-day period. If the association or
unit owners do not exercise the option, the lessor shall have the right, for a
period of 60 days after the 90-day period has expired, to complete the
transaction described in the offer to purchase. If for any reason such
transaction is not concluded within the 60 days, the offer shall have been
abandoned, and the provisions of this subsection shall be reimposed.
3. The option shall be exercised upon approval
by owners of two-thirds of the units served by the leased property.
4. The provisions of this paragraph do not
apply to a nonresidential condominium and do not apply if the lessor is the
Government of the United States or this state or any political subdivision
thereof or, in the case of an underlying land lease, a person or entity which is
not the developer or directly or indirectly owned or controlled by the developer
and did not obtain, directly or indirectly, ownership of the leased property
from the developer.
(g) The lease or a subordination agreement
executed by the lessor must provide either:
1. That any lien which encumbers a unit for
rent or other moneys or exactions payable is subordinate to any mortgage held by
an institutional lender, or
2. That, upon the foreclosure of any mortgage
held by an institutional lender or upon delivery of a deed in lieu of
foreclosure, the lien for the unit owner's share of the rent or other exactions
shall not be extinguished but shall be foreclosed and unenforceable against the
mortgagee with respect to that unit's share of the rent and other exactions
which mature or become due and payable on or before the date of the final
judgment of foreclosure, in the event of foreclosure, or on or before the date
of delivery of the deed in lieu of foreclosure. The lien may, however,
automatically and by operation of the lease or other instrument, reattach to the
unit and secure the payment of the unit's proportionate share of the rent or
other exactions coming due subsequent to the date of final decree of foreclosure
or the date of delivery of the deed in lieu of foreclosure.
The provisions of this paragraph do not apply if the lessor is the Government of
the United States or this state or any political subdivision thereof or any
agency of any political subdivision thereof.
(2) Subsection (1) does not apply to
residential cooperatives created prior to January 1, 1977, which are converted
to condominium ownership by the cooperative unit owners or their association
after control of the association has been transferred to the unit owners if,
following the conversion, the unit owners will be the same persons who were unit
owners of the cooperative and no units are offered for sale or lease to the
public as part of the plan of conversion.
(3) If rent under the lease is a fixed amount
for the full duration of the lease, and the rent thereunder is payable by a
person or persons other than the association or the unit owners, the division
director has the discretion to accept alternative assurances which are
sufficient to secure the payment of rent, including, but not limited to,
annuities with an insurance company authorized to do business in this state, the
beneficiary of which shall be the association, or cash deposits in trust, the
beneficiary of which shall be the association, which deposit shall be in an
amount sufficient to generate interest sufficient to meet lease payments as they
occur. If alternative assurances are accepted by the division director, the
following provisions are applicable:
(a) Disclosures contemplated by paragraph
(1)(b), if not contained within the lease, may be made by the developer.
(b) Disclosures as to the minimum number of
unit owners that will be required, directly or indirectly, to pay the rent under
the lease and the maximum number of units that will be served by the leased
property, if not contained in the lease, may be stated by the developer.
(c) The provisions of paragraphs (1)(d) and (e)
apply but are not required to be stated in the lease.
(d) The provisions of paragraph (1)(g) do not
apply.
History.--s. 1, ch. 76-222; s. 1, ch. 77-174; ss.
6, 13, ch. 78-340; s. 1, ch. 79-166; s. 13, ch. 79-314; ss. 4, 7, ch. 80-323; s.
5, ch. 81-185; s. 13, ch. 84-368; s. 46, ch. 85-62; s. 6, ch. 88-148; s. 1, ch.
88-225; s. 17, ch. 90-151; s. 15, ch. 91-103; s. 1, ch. 91-236; s. 5, ch.
91-426; s. 865, ch. 97-102.
718.4015 Condominium
leases; escalation clauses.--
(1) It is declared that the public policy of
this state prohibits the inclusion or enforcement of escalation clauses in land
leases or other leases or agreements for recreational facilities, land, or other
commonly used facilities serving residential condominiums, and such clauses are
hereby declared void for public policy. For the purposes of this section, an
escalation clause is any clause in a condominium lease or agreement which
provides that the rental under the lease or agreement shall increase at the same
percentage rate as any nationally recognized and conveniently available
commodity or consumer price index.
(2) This public policy prohibits the inclusion
or enforcement of such escalation clauses in leases related to condominiums for
which the declaration of condominium was recorded on or after June 4, 1975; it
prohibits the enforcement of escalation clauses in leases related to
condominiums for which the declaration of condominium was recorded prior to June
4, 1975, but which have been refused enforcement on the grounds that the parties
agreed to be bound by subsequent amendments to the Florida Statutes or which
have been found to be void because of a finding that such lease is
unconscionable or which have been refused enforcement on the basis of the
application of former s. 711.231 or former s. 718.401(8); and it prohibits any
further escalation of rental fees after October 1, 1988, pursuant to escalation
clauses in leases related to condominiums for which the declaration was recorded
prior to June 4, 1975.
(3) The provisions of this section do not apply
if the lessor is the Government of the United States or this state or any
political subdivision thereof or any agency of any political subdivision
thereof.
History.--s. 7, ch. 88-148; s. 2, ch. 88-225; s. 1,
ch. 89-164.
718.402 Conversion of
existing improvements to condominium.--A developer may create a condominium
by converting existing, previously occupied improvements to such ownership by
complying with part I of this chapter. A developer of a residential condominium
must also comply with part VI of this chapter, but the failure to comply will
not affect the validity of the condominium.
History.--s. 1, ch. 76-222; s. 14, ch. 79-314; s.
3, ch. 80-3; s. 14, ch. 84-368.
718.403 Phase condominiums.--
1(1)
Notwithstanding the provisions of s. 718.110, a developer may develop a condominium in phases, if the original declaration of condominium submitting the initial phase to condominium ownership or an amendment to the declaration which has been approved by all of the unit owners and unit mortgagees provides for and describes in detail all anticipated phases; the impact, if any, which the completion of subsequent phases would have upon the initial phase; and the time period within which all phases must be added to the condominium and comply with the requirements of this section and at the end of which the right to add additional phases expires.
(a) All phases must be added to the condominium within 7 years after the date of the recording of the certificate of a surveyor and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first, unless the unit owners vote to approve an amendment extending the 7-year period pursuant to paragraph (b).
(b) An amendment to extend the 7-year period shall require the approval of the owners necessary to amend the declaration of condominium pursuant to s. 718.110(1)(a). An extension of the 7-year period may be submitted for approval only during the last 3 years of the 7-year period.
(c) An amendment must describe the time period within which all phases must be added to the condominium, and such time period may not exceed 10 years from the date of the recording of the certificate of a surveyor and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first.
(d) An amendment that extends the 7-year period pursuant to this section is not subject to the requirements of s. 718.110(4).
(2) The original declaration of condominium, or an amendment to the declaration, which amendment has been approved by all unit owners and unit mortgagees and the developer, shall describe:
(a) The land which may
become part of the condominium and the land on which each phase is to be built.
The descriptions shall include metes and bounds or other legal descriptions of
the land for each phase, plot plans, and surveys. Plot plans, attached as an
exhibit, must show the approximate location of all existing and proposed
buildings and improvements that may ultimately be contained within the
condominium. The plot plan may be modified by the developer as to unit or
building types but, in a residential condominium, only to the extent that such
changes are described in the declaration. If provided in the declaration, the
developer may make nonmaterial changes in the legal description of a phase.
(b) The minimum and maximum numbers and general size of units to be included in each phase. The general size may be expressed in terms of minimum and maximum square feet. In stating the minimum and maximum numbers of units, the difference between the minimum and maximum numbers shall not be greater than 20 percent of the maximum.
(c) Each unit’s percentage of ownership in the common elements as each phase is added. In lieu of describing specific percentages, the declaration or amendment may describe a formula for reallocating each unit’s proportion or percentage of ownership in the common elements and manner of sharing common expenses and owning common surplus as additional units are added to the condominium by the addition of any land. The basis for allocating percentage of ownership among units in added phases shall be consistent with the basis for allocation made among the units originally in the condominium.
(d) The recreational areas and facilities which will be owned as common elements by all unit owners and all personal property to be provided as each phase is added to the condominium and those facilities or areas which may not be built or provided if any phase or phases are not developed and added as a part of the condominium. The developer may reserve the right to add additional common-element recreational facilities if the original declaration contains a description of each type of facility and its proposed location. The declaration shall set forth the circumstances under which such facilities will be added.
(e) The membership vote and ownership in the association attributable to each unit in each phase and the results if any phase or phases are not developed and added as a part of the condominium.
(f) Whether or not timeshare estates will or may be created with respect to units in any phase and, if so, the degree, quantity, nature, and extent of such estates, specifying the minimum duration of the recurring periods of rights of use, possession, or occupancy that may be established with respect to any unit.
(3) The developer shall notify owners of existing units of the decision not to add one or more additional phases. Notice shall be by first-class mail addressed to each owner at the address of his or her unit or at his or her last known address.
(4) If one or more phases are not built, the units which are built are entitled to 100 percent ownership of all common elements within the phases actually developed and added as a part of the condominium.
(5) If the declaration requires the developer to convey any additional lands or facilities to the condominium after the completion of the first phase and he or she fails to do so within the time specified, or within a reasonable time if none is specified, then any owner of a unit or the association may enforce such obligations against the developer or bring an action against the developer for damages caused by the developer’s failure to convey to the association such additional lands or facilities.
(6) Notwithstanding other provisions of this chapter, any amendment by the developer which adds any land to the condominium shall be consistent with the provisions of the declaration granting such right and shall contain or provide for the following matters:
(a) A statement submitting the additional land to condominium ownership as an addition to the condominium.
(b) The legal description of the land being added to the condominium.
(c) An identification by letter, name, or number, or a combination thereof, of each unit within the land added to the condominium, to ensure that no unit in the condominium, including the additional land, will bear the same designation as any other unit.
(d) A survey of the additional land and a graphic description of the improvements in which any units are located and a plot plan thereof and a certificate of a surveyor, in conformance with s. 718.104(4)(e).
(e) The undivided share in the common elements appurtenant to each unit in the condominium, stated as a percentage or fraction which, in the aggregate, must equal the whole and must be determined in conformance with the manner of allocation set forth in the original declaration of condominium.
(f) The proportion or percentage of, and the manner of sharing, common expenses and owning common surplus, which for a residential unit must be the same as the undivided share in the common elements.
An amendment which adds phases to a condominium does not require the execution of such amendment or consent thereto by unit owners other than the developer, unless the amendment permits the creation of timeshare estates in any unit of the additional phase of the condominium and such creation is not authorized by the original declaration.
(7) An amendment to the declaration of condominium which adds land to the condominium shall be recorded in the public records of the county where the land is located and shall be executed and acknowledged in compliance with the same requirements as for a deed. All persons who have record title to the interest in the land submitted to condominium ownership, or their lawfully authorized agents, must join in the execution of the amendment. Every such amendment shall comply with the provisions of s. 718.104(3).
(8) Upon recording the declaration of condominium or amendments adding phases pursuant to this section, the developer shall file the recording information with the division within 120 calendar days on a form prescribed by the division.
(9)
Paragraphs
(2)(b)-(f) and subsection (8) do not apply to nonresidential condominiums.
History.—s. 1, ch. 76-222; s. 7, ch. 78-328; s. 15, ch. 84-368; s. 64, ch. 87-226; s. 18, ch. 90-151; s. 866, ch. 97-102; s. 5, ch. 98-195; s. 58, ch. 2000-302; s. 8, ch. 2013-122; s. 7, ch.
2013-188; s. 4, ch. 2014-74.
1Note.—As amended by s. 8, ch. 2013-122. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, “Statutory Construction.” Subsection (1) was also amended by s. 7, ch. 2013-188, and that version reads:
(1) Notwithstanding s. 718.110, a developer may develop a condominium in phases, if the original declaration of condominium submitting the initial phase to condominium ownership or an amendment to the declaration which has been approved by all of the unit owners and unit mortgagees provides for and describes in detail all anticipated phases; the impact, if any, which the completion of subsequent phases would have upon the initial phase; and the time period within which all phases must be added to the condominium and comply with the requirements of this section and at the end of which the right to add additional phases expires.
(a) All phases must be added to the condominium within 7 years after the date of recording the original declaration of condominium submitting the initial phase to condominium ownership unless an amendment extending the 7-year period is approved by the unit owners.
(b) An amendment to extend the 7-year period requires the approval of the owners necessary to amend the declaration of condominium consistent with s. 718.110(1)(a). An extension of the 7-year period may be submitted for approval only during the last 3 years of the 7-year period.
(c) An amendment must describe the period within which all phases must be added to the condominium, and such period may not exceed 10 years after the date of recording the original declaration of condominium submitting the initial phase to condominium ownership.
(d) Notwithstanding s. 718.110, an amendment extending the 7-year period is not an amendment subject to s. 718.110(4).
718.404 Mixed-use
condominiums.--When a condominium consists of both residential and
commercial units, the following provisions shall apply:
(1) The condominium documents shall not provide
that the owner of any commercial unit shall have the authority to veto
amendments to the declaration, articles of incorporation, bylaws, or rules or
regulations of the association. This subsection shall apply retroactively as a
remedial measure.
(2) Subject to s. 718.301, where the number of
residential units in the condominium equals or exceeds 50 percent of the total
units operated by the association, owners of the residential units shall be
entitled to vote for a majority of the seats on the board of administration.
This subsection shall apply retroactively as a remedial measure.
(3) In the declaration of condominium for
mixed-use condominiums created after January 1, 1996, the ownership share of the
common elements assigned to each unit shall be based either on the total square
footage of each unit in uniform relationship to the total square footage of each
other unit in the condominium or on an equal fractional basis.
(4) The provisions of this section shall not
apply to timeshare condominiums.
DECLARATORY
STATEMENT:
Venetia
Condominium Assoc., Inc.
History.--s. 38, ch. 95-274; s. 4, ch. 96-396; s.
5, ch. 2007-173.
718.405 Multicondominiums;
multicondominium associations.--
(1) An association may operate
more than one condominium. For multicondominiums created on or after July 1,
2000, the declaration for each condominium to be operated by that association
must provide for participation in a multicondominium, in conformity with this
section, and disclose or describe:
(a) The manner or formula by which the assets, liabilities, common surplus, and
common expenses of the association will be apportioned among the units within
the condominiums operated by the association, in accordance with s.
718.104(4)(g) or (h), as applicable.
(b) Whether unit owners in any other condominium, or any other persons, will or
may have the right to use recreational areas or any other facilities or
amenities that are common elements of the condominium, and, if so, the specific
formula by which the other users will share the common expenses related to those
facilities or amenities.
(c) Recreational and other commonly used facilities or amenities which the
developer has committed to provide that will be owned, leased by, or dedicated
by a recorded plat to the association but which are not included within any
condominium operated by the association. The developer may reserve the right to
add additional facilities or amenities if the declaration and prospectus for
each condominium to be operated by the association contains the following
statement in conspicuous type and in substantially the following form:
RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT OF UNIT OWNERS
OR THE ASSOCIATION.
(d) The voting rights of the unit owners in the election of directors and in
other multicondominium association affairs when a vote of the owners is taken,
including, but not limited to, a statement as to whether each unit owner will
have a right to personally cast his or her own vote in all matters voted upon.
(2) If any declaration requires a developer to convey additional lands or
facilities to a multicondominium association and the developer fails to do so
within the time specified, or within a reasonable time if none is specified in
the declaration, any unit owner or the association may enforce that obligation
against the developer or bring an action against the developer for specific
performance or for damages that result from the developer’s failure or refusal
to convey the additional lands or facilities.
(3) The declaration for each condominium to be operated by a multicondominium
association may not, at the time of the initial recording of the declaration,
contain any provision with respect to allocation of the association’s assets,
liabilities, common surplus, or common expenses which is inconsistent with this
chapter or the provisions of a declaration for any other condominium then being
operated by the multicondominium association.
(4) This section does not prevent or restrict the formation of a
multicondominium by the merger or consolidation of two or more condominium
associations. Mergers or consolidations of associations shall be accomplished in
accordance with this chapter, the declarations of the condominiums being merged
or consolidated, and chapter 617. Section 718.110(4) does not apply to
amendments to declarations necessary to effect a merger or consolidation. This
section is intended to clarify existing law and applies to associations existing
on the effective date of this act.
(5) This section does not prevent or restrict a multicondominium association
from adopting a consolidated or combined declaration of condominium if such
declaration complies with s. 718.104 and does not serve to merge the
condominiums or change the legal descriptions of the condominium parcels as set
forth in s. 718.109, unless accomplished in accordance with law. This section is
intended to clarify existing law and applies to associations existing on July 1,
2021.
History.--s. 59, ch. 2000-302; s. 13, ch. 2002-27;
s. 12, ch. 2021-99.
718.406 Condominiums
created within condominium parcels.—
(1) Unless otherwise expressed in the declaration of
condominium, if a condominium is created within a condominium parcel, the term:
(a) “Primary condominium” means any condominium that is not a secondary
condominium and contains one or more subdivided parcels.
(b) “Primary condominium association” means any entity that operates a primary
condominium.
(c) “Primary condominium declaration” means the instrument or instruments by
which a primary condominium is created, as they are from time to time amended.
(d) “Secondary condominium” means one or more condominium parcels that have been
submitted to condominium ownership pursuant to a secondary condominium
declaration.
(e) “Secondary condominium association” means any entity responsible for the
operation of a secondary condominium.
(f) “Secondary condominium declaration” means the instrument or instruments by
which a secondary condominium is created, as they are from time to time amended.
(g) “Secondary unit” means a unit that is part of a secondary condominium.
(h) “Subdivided parcel” means a condominium parcel in a primary condominium that
has been submitted to condominium ownership pursuant to a secondary condominium
declaration.
(2) Unless otherwise provided in the primary condominium declaration, if a
condominium parcel is a subdivided parcel, the secondary condominium association
responsible for operating the secondary condominium upon the subdivided parcel
shall act on behalf of all of the unit owners of secondary units in the
secondary condominium and shall exercise all rights of the secondary unit owners
in the primary condominium association, other than the right of possession of
the secondary unit. The secondary condominium association shall designate a
representative who shall cast the vote of the subdivided parcel in the primary
condominium association and, if no person is designated by the secondary
condominium association to cast such vote, the vote shall be cast by the
president of the secondary condominium association or the designee of the
president.
(3) Unless otherwise provided in the primary condominium declaration as
originally recorded, no secondary condominium may be created upon any
condominium parcel in the primary condominium, and no amendment to the primary
condominium declaration may permit secondary condominiums to be created upon
parcels in the primary condominium, unless the record owners of a majority of
the condominium parcels join in the execution of the amendment.
(4) If the primary condominium declaration permits the creation of a secondary
condominium and a condominium parcel in the primary condominium is being
submitted for condominium ownership to create a secondary condominium upon the
primary condominium parcel, the approval of the board of administration of the
primary condominium association is required in order to create the secondary
condominium on the primary condominium parcel. Unless otherwise provided in the
primary condominium declaration, the owners of condominium parcels in the
primary condominium that will not be part of the proposed secondary condominium
and the holders of liens upon such primary condominium parcels shall not have
approval rights regarding the creation of the secondary condominium or the
contents of the secondary condominium declaration being submitted. Only the
board of administration of the primary condominium association, the owner of the
subdivided parcel, and the holders of liens upon the subdivided parcel shall
have approval rights regarding the creation of the secondary condominium and the
contents of the secondary condominium declaration. In order for the recording of
the secondary condominium declaration to be effective to create the secondary
condominium, the board of administration of the primary condominium association,
the owner of the subdivided parcel, and all holders of liens on the subdivided
parcel must execute the secondary condominium declaration for the purpose of
evidencing their approval.
(5) An owner of a secondary unit is subject to both the primary condominium
declaration and the secondary condominium declaration.
(6) The primary condominium association may provide insurance required by s.
718.111(11) for common elements and other improvements within the secondary
condominium if the primary condominium declaration permits the primary
condominium association to provide such insurance for the benefit of the
condominium property included in the subdivided parcel, in lieu of such
insurance being provided by the secondary condominium association.
(7) Unless otherwise provided in the primary condominium declaration, the board
of administration of the primary condominium association may adopt hurricane
shutter or hurricane protection specifications for each building within which
subdivided parcels are located and govern any subdivided parcels in the primary
condominium.
(8) Any unit owner of, or holder of a first mortgage on, a secondary unit may
register such unit owner’s or mortgagee’s interest in the secondary unit with
the primary condominium association by delivering written notice to the primary
condominium association. Once registered, the primary condominium association
must provide written notice to such secondary unit owner and his, her, or its
first mortgagee at least 30 days before instituting any foreclosure action
against the subdivided parcel in which the secondary unit owner and his, her, or
its first mortgagee hold an interest for failure of the subdivided parcel owner
to pay any assessments or other amounts due to the primary condominium
association. A foreclosure action against a subdivided parcel is not effective
without an affidavit indicating that written notice of the foreclosure was
timely sent to the names and addresses of secondary unit owners and first
mortgagees registered with the primary condominium association pursuant to this
subsection. The registered secondary unit owner or mortgagee has a right to pay
the proportionate amount of the delinquent assessment attributable to the
secondary unit in which the registered unit owner or mortgagee holds an
interest. Upon such payment, the primary condominium association is obligated to
promptly modify or partially release the record of lien on the primary
condominium association so that the lien no longer encumbers such secondary
unit. Alternatively, a registered secondary unit owner or mortgagee may pay the
amount of all delinquent assessments attributed to the subdivided parcel and
seek reimbursement for all such amounts paid and all costs incurred from the
secondary condominium association, including, without limitation, the costs of
collection other than the share allocable to the secondary unit on behalf of
which such payment was made.
(9) In the event of a conflict between the primary condominium declaration and
the secondary condominium declaration, the primary condominium declaration
controls.
(10) All common expenses due to the primary condominium association with respect
to a subdivided parcel are a common expense of the secondary condominium
association and shall be collected by the secondary condominium association from
its members and paid to the primary condominium association.
History.—s. 8,
ch. 2013-188.
|