The 2022 Florida Statutes (including Special Session A) Title XL REAL AND PERSONAL PROPERTY: Chapter 718 CONDOMINIUMS: View Entire Chapter: CHAPTER 718. In lieu of or in addition to the physical posting of the notice on the condominium 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 condominium association. A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. assessment and may be collected in the manner provided for the collection of assessments pursuant to s. 718.116. . Name(s) of the unit owner(s) as reflected in the books and records of the association: 4. A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. require that condominium associations give a 45-day notice of intent to record a claim of lien and notice of intent to foreclose (pre-lien and post-lien) instead of the previously required 30-day notice. f.Is there a capital contribution fee, resale fee, transfer fee, or other fee due? (Yes)(No). Any determination of whether assessments exceed 115 percent of assessments for the prior fiscal year shall exclude any authorized provision for reasonable reserves for repair or replacement of the condominium property, anticipated expenses of the association which the board does not expect to be incurred on a regular or annual basis, or assessments for betterments to the condominium property. THE ABOVE DESCRIPTION INCLUDES, BUT IS NOT LIMITED TO, ALL APPURTENANCES TO THE CONDOMINIUM UNIT ABOVE DESCRIBED, INCLUDING THE UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF SAID CONDOMINIUM. Chapter 718 CONDOMINIUMS SECTION 112 Bylaws. 2015-97; s. 3, ch. Provisions for giving notice by electronic transmission in a manner authorized by law of meetings of the board of directors and committees and of annual and special meetings of the members. Notwithstanding the provisions of paragraph (b), a first mortgagee or its successor or assignees who acquire title to a condominium unit as a result of the foreclosure of the mortgage or by deed in lieu of foreclosure of the mortgage shall be exempt from liability for all unpaid assessments attributable to the parcel or chargeable to the previous owner which came due prior to acquisition of title if the first mortgage was recorded prior to April 1, 1992. 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. 78-328; s. 8, ch. In Florida, there is a right way and a wrong way to levy special assessments. i. However, the developer must pay common expenses incurred during such period which exceed regular periodic assessments against other unit owners in the same condominium. Any rule adopted shall, in addition to other matters, include a requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members, which must include a hyperlink to the website where the notice is posted, to unit owners whose e-mail addresses are included in the associations official records. Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. Payment of per diem, mileage, and other expenses to division employees. However, any association which was in existence on January 1, 1977, need not be incorporated. An item not included on the notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members. 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. Proxies may not be used in electing the board in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter. Breaking down that statutory language amounts to the association having to take the following actions to properly notice a meeting where special assessments will be considered (1) notice of the proposed meeting must be sent to all owners not less than 14 days prior to the meeting; (2) the notice must also be posted in a conspicuous place on the condominium property not less than 14 days prior to the meeting; (3) the notice must explain what the special assessment will be used for and the amount of the expected special assessment; and (4) the person who mailed or delivered the notice to the owners must execute an affidavit which attests to the fact that the notices were mailed or delivered to all owners and the date that the notices were sent. In the absence of provisions to the contrary in the bylaws, the board of administration shall have a president, a secretary, and a treasurer, who shall perform the duties of such officers customarily performed by officers of corporations. 2008-28; s. 88, ch. Assessments and installments on assessments which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property. The association may issue notice under s. 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. 82-113; s. 4, ch. The refund is the obligation of the unit owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section. Any rule adopted shall, in addition to other matters, include a requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members, which must include a hyperlink to the website where the notice is posted, to unit owners whose e-mail addresses are included in the associations official records. The association is entitled to recover its reasonable attorneys fees incurred in either a lien foreclosure action or an action to recover a money judgment for unpaid assessments. The association must provide the tenant a notice, by hand delivery or United States mail, in substantially the following form: The association must mail written notice to the unit owner of the associations demand that the tenant make payments to the association. The claim of lien secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest, administrative late fees, and all reasonable costs and attorney fees incurred by the association incident to the collection process. Board members may serve terms longer than 1 year if permitted by the bylaws or articles of incorporation. Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an association of 10 or fewer units may, by affirmative vote of a majority of the total voting interests, provide for different voting and election procedures in its bylaws, which may be by a proxy specifically delineating the different voting and election procedures. The association shall, upon request, provide the tenant with written receipts for payments made. Levying a special assessment in Florida requires knowledge of certain provisions of the Condominium Act (Chapter 718, Florida Statutes) and your associations governing documents. PART I GENERAL PROVISIONS (ss. The members of the board of a residential condominium shall be elected by written ballot or voting machine. 91-103; ss. 81-225; s. 1, ch. 90-151; s. 9, ch. A court may supersede the effect of this subsection by appointing a receiver. Except as otherwise set forth in this section, the lien is . 2015-2; s. 9, ch. Filing prior to sale or lease. By recording a notice in substantially the following form, a unit owner or the unit owners agent or attorney may require the association to enforce a recorded claim of lien against his or her condominium parcel: A release of lien must be in substantially the following form: The association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. The association, at its option, may include additional information in the estoppel certificate. The rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest accrues at the rate of 18 percent per year. Developer disclosure prior to sale; nondeveloper unit owner disclosure prior to sale; voidability. Executed this day of , (year). 95-211; s. 856, ch. 718.101-718.128) . 718.121. Unless a unit owner waives in writing the right to receive notice of the annual meeting, such notice must be hand delivered, mailed, or electronically transmitted to each unit owner. The unfortunate reality is that during the life of a condominium building some unexpected expenses are going to arise and the association must take steps to fulfill its obligations to the membership. Meetings of a committee to take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this paragraph. Evidence of compliance with this 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. To be valid, a claim of lien must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. Service of process. If yes, specify the type and the amount of the fee. 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. Written notice must include an agenda, must be mailed, hand delivered, or electronically transmitted to each unit owner at least 14 days before the annual meeting, and must be posted in a conspicuous place on the condominium property at least 14 continuous days before the annual meeting. Fee for the preparation and delivery of the estoppel certificate: 8. (Yes)(No). If provided by the declaration or bylaws, the association may, in addition to such interest, charge an administrative late fee of up to the greater of $25 or 5 percent of each delinquent installment for which the payment is late. RIGHTS AND OBLIGATIONS OF DEVELOPERS (ss. The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. s. 1, ch. 77-222; s. 6, ch. (a) Conduct board meetings, committee meetings, elections, and membership meetings, in whole or in part, by telephone, real-time videoconferencing, or similar real-time electronic or video communication with notice given as is practicable. Unless otherwise provided in the bylaws, a board member appointed or elected under this section shall fill the vacancy for the unexpired term of the seat being filled. Those lenders will very likely require the associations attorney to verify in writing that the special assessment was properly levied, which he or she will refuse to do unless/until the special assessment is properly adopted. The written certification or educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. If 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 subsection. 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. 97-93; s. 1773, ch. Unit owners may consider and adopt a substitute budget at the special meeting. 2013-159; s. 3, ch. The board may temporarily fill the vacancy during the period of suspension. (Yes)(No). If the board fails to duly notice and hold the required meeting or at the conclusion of the meeting determines that the recall is not facially valid, the unit owner representative may file a petition pursuant to s. If a vacancy occurs on the board as a result of a recall or removal and less than a majority of the board members are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any provision to the contrary contained in this subsection. If the unit is rented or leased during the pendency of the foreclosure action, the association is entitled to the appointment of a receiver to collect the rent. 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. 2000-201; s. 56, ch. It must be executed and acknowledged by an officer or authorized agent of the association. Any questions concerning this matter should be directed to (insert name, addresses, and telephone numbers of association representative). 2. A unit owner in a residential condominium desiring to be a candidate for board membership must comply with sub-subparagraph 4.a. A present unit owners liability for unpaid assessments is limited to any unpaid assessments that accrued before the association acquired title to the delinquent property through foreclosure or by deed in lieu of foreclosure. l.Provide the signature of an officer or authorized agent of the association. A recalled member must turn over to the board, within 10 full business days, any and all records and property of the association in their possession. 95-274; s. 2, ch. (Yes)(No). In Florida, the board of directors of a Florida condominium company (the "Condo Board") has the power to assess fees that must be paid by the individual condo unit owners (see Florida Statutes Sections 718.103 (1) and (24) and 718.112 (2) (g) ). Notwithstanding any limitation on transfer fees contained in s. 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: 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. The special meeting shall be conducted within 60 days after adoption of the annual budget. Usually, but not always, any additional measures will be located within the associations bylaws. 98-195; s. 3, ch. Index to Special and Local Laws (1971-2022) [PDF] Index to Special and Local Laws (1845-1970) [PDF] Statute Search Tips; 2020 Florida Statutes . Publications, Help Searching The association has the power to purchase the condominium parcel at the foreclosure sale and to hold, lease, mortgage, or convey it. 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. 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. 91-426; s. 3, ch. written notice of any meeting at which nonemergency special assessments, or at which amendment to rules regarding unit use, will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. (1) (a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. The board of directors needs to be sure that there are no additional procedural measures that the must be followed when special assessments are being considered. If there has been a previous vote to forego retrofitting, a vote to require retrofitting may be obtained at a special meeting of the unit owners called by a petition of at least 10 percent of the voting interests. It is important to know whether the board of directors has the sole authority to levy special assessments or whether the membership has to approve special assessments. CONDOMINIUMS. An officer or manager of the association, or other person providing notice of such meeting, shall execute an affidavit evidencing compliance with such notice requirement, and such affidavit shall be filed among the official records of the association. survival of declaration after tax sale; assessment of timeshare estates. Seal and authentication of records. An election is not required if the number of vacancies equals or exceeds the number of candidates. 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 association. The association 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. If the unit owner remains in possession of the unit after a foreclosure judgment has been entered, the court, in its discretion, may require the unit owner to pay a reasonable rental for the unit. Before turnover of control of an association by a developer to unit owners other than a developer pursuant to s. Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and may be used only for authorized reserve expenditures unless their use for other purposes is approved in advance by a majority vote at a duly called meeting of the association. 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. If 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. Leftover funds are considered "common surplus" and may, at the discretion of the board, either be returned to the unit owners or applied as a credit . 718.112 Bylaws. (1) GENERALLY. (a) The operation of the association shall be governed by the articles of incorporation if the association is incorporated, and the bylaws of the association, which shall be included as exhibits to the recorded declaration. At least 14 days prior to such special meeting, the board shall hand deliver to each unit owner, or mail to each unit owner at the address last furnished to the association, a notice of the meeting. If 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. The developer shall pay the common expenses of a multicondominium association, including the funding of reserves as provided in the adopted annual budget of the association, which are allocated to units within a condominium affected by a guarantee and which exceed the regular periodic assessments against all other unit owners within that condominium. Publications, Help Searching Assessment information and other information: a. If the board fails to duly notice and hold a board meeting within 5 full business days after service of an agreement in writing or within 5 full business days after the adjournment of the unit owner recall meeting, the recall shall be deemed effective and the board members so recalled shall turn over to the board within 10 full business days after the vote any and all records and property of the association. If a developer of a multicondominium is excused from payment of assessments under paragraph (a), the developers financial obligation to the multicondominium association during any period in which the developer is excused from payment of assessments is as follows: The developer shall pay the common expenses of a condominium affected by a guarantee, including the funding of reserves as provided in the adopted annual budget of that condominium, which exceed the regular periodic assessments at the guaranteed level against all other unit owners within that condominium. 2010-174; s. 3, ch. 2011-196; s. 10, ch. 79-314; s. 2, ch. 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. 76-222; s. 1, ch. Copyright 2000- 2023 State of Florida. 82-199; s. 6, ch. It is very likely that your associations governing documents also address special assessments. Assessments; liability; lien and priority; interest; collection. No bylaw shall be revised or amended by reference to its title or number only. A: Section 718.116(10) of the Florida Condominium Act provides that funds collected from a special assessment can only be used for the specific purposes for which the assessment was levied. 718.1265 Association emergency powers.. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by the affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. If the number of board members whose terms expire at the annual meeting equals or exceeds the number of candidates, the candidates become members of the board effective upon the adjournment of the annual meeting. 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