House Bill hb0831
CODING: Words stricken
are deletions; words underlined are
additions.
Florida House of Representatives
- 2002
HB 831
By Representative Weissman
1
A bill to be entitled
2
An act relating to condominiums; creating ss.
3
718.701, 718.702, 718.703, and 718.704, F.S.;
4
providing definitions with respect to master
5
condominium associations; providing for
6
meetings and official records with respect to
7
master condominium associations; providing for
8
the powers and duties of the Division of
9
Florida Land Sales, Condominiums, and Mobile
10 Homes over master
condominium associations;
11 providing for financial
reporting; providing an
12 effective date.
13
14 Be It Enacted by
the Legislature of the State of Florida:
15
16 Section 1. Part VII
of chapter 718, Florida Statutes,
17 consisting of sections 718.701,
718.702, 718.703, and 718.704,
18 Florida Statutes, is created
to read:
19
PART VII
20
MASTER CONDOMINIUM ASSOCIATIONS
21
718.701 Definitions.--As used in this part, the term:
22
(1) "Master condominium association" means any entity
23
that is not covered under the definition of "association" in
24
s. 718.103(2)
but that has been granted or assigned by such an
25
association control or decisionmaking authority over real
26
property or facilities of a condominium association that would
27
otherwise be controlled by that condominium association under
28
its governing documents, and that receives moneys funded by
29
mandatory dues or assessments paid by condominium unit owners,
30
whether or not the master condominium association has a
31
governing body that includes representatives of the
1
1 condominium
association. This term does not include an entity
2
that is granted management or maintenance responsibility under
3
a mere service contract with a single condominium association.
4
(2) "Member" means a member of the master condominium
5
association as designated by the master condominium
6
association documents.
7
(3) "Affected owner" means a condominium unit owner
8
who has use rights in the common property or facilities
9
administered by the master condominium association.
10 (4) "Master
condominium association documents" means
11 any declaration
of covenants and restrictions, or other
12 organizational
document, that governs the property
13 administered by,
the bylaws of, and the articles of
14 incorporation
of the master condominium association, and any
15 amendments to
each of the foregoing.
16 718.702
Master condominium association meetings;
17 official records.--
18 (1) BOARD,
COMMITTEE, AND MEMBERSHIP MEETINGS.--
19 (a) Meetings
of the master condominium association
20 board at which
at least a quorum of the members of the board
21 is present shall
be open to the members of the master
22 condominium association
as well as to affected owners.
23 Meetings between
the board or a committee and the master
24 condominium association
attorney with respect to proposed or
25 pending litigation
or the rendering or seeking of legal advice
26 shall not be open
to the membership of the master condominium
27 association, and
notice to the membership of such meetings is
28 not required.
29 (b) Adequate
notice of all meetings, which notice
30 shall specifically
incorporate an identification of agenda
31 items, shall be
given by the condominium association covered
2
1 under the
definition in s. 718.103(2)
in the same form and
2 manner as
notices of board of director meetings of the
3 condominium
association to which the affected unit owners
4 belong. Any
item not included on the notice may be taken up on
5 an emergency
basis by at least a majority plus one of the
6 members of
the board. Such emergency action shall be noticed
7 and ratified
at the next regular meeting of the board.
8 However,
written notice of any meeting at which nonemergency
9 special assessments,
or at which an amendment or amendments to
10 the rules regarding unit use,
will be considered shall be
11 mailed or delivered to the
members and affected owners and
12 posted conspicuously on the
condominium association property
13 not less than 14 days prior
to the meeting. Evidence of
14 compliance with this 14-day
notice shall be made by affidavit
15 executed by the person providing
the notice and maintained
16 among the official records
of the condominium association.
17 (c) The right to attend
such meetings includes the
18 right to speak at such meetings
with reference to all
19 designated agenda items. The
master condominium association
20 may adopt written reasonable
rules governing the frequency,
21 duration, and manner of unit
owner statements.
22 (2) OFFICIAL RECORDS.--The
provisions of s.
23 718.111(12)
apply to master condominium associations, except
24 that references to unit owners
contained in s. 718.111(12)
25 shall be deemed to refer to
members and affected owners, and
26 references to any of the condominium
documents shall be deemed
27 to refer to the master condominium
association documents.
28
718.703 Powers and duties of Division of Florida Land
29 Sales, Condominiums, and Mobile
Homes over master condominium
30 associations.--
31
3
1 (1)
The division's authority to ensure and enforce
2 compliance
with the provisions of this part and the rules
3 promulgated
thereunder, and its authority to institute
4 enforcement
proceedings against master condominium
5 associations
pursuant to chapter 120, shall be as set forth in
6 s.
718.501.
7 (2)
Upon demand by the division, any condominium
8 association
shall notify the division of any master
9 condominium
association with which it is associated that is
10 pertinent to any
inquiry or investigation by the division
11 regarding the
rights of individual unit owners in this part
12 and shall provide
copies of documents that establish and
13 govern the relationship
between the condominium association
14 and the master
condominium association.
15
718.704 Financial reporting.--
16 (1) For
the purposes of this section, the term
17 "revenues" includes
all regular or special assessments for
18 reserves or operating
or other expenses, and all other sources
19 of revenue including,
but not limited to, interest, user fees,
20 developer subsidies,
litigation proceeds, and insurance
21 proceeds.
22 (2) When
the total annual revenue of the master
23 condominium association
is $100,000 or less, the condominium
24 association covered
under the definition in s. 718.103(2)
25 shall, at a minimum,
obtain from the master condominium
26 association a
complete cash-basis financial report of actual
27 receipts and expenditures
for the prior fiscal year for
28 inclusion in the
condominium association's records.
29 (3) When
the total annual revenue of the master
30 condominium association
exceeds $100,000, the condominium
31 association shall
prepare a complete set of financial
4
1 statements
in accordance with generally accepted accounting
2 principles
as follows:
3 (a)
When the total annual revenue of the master
4 condominium
association exceeds $100,000 but is less than
5 $200,000,
the condominium association shall, at a minimum,
6 obtain
from the master condominium association compiled
7 financial
statements for inclusion in the condominium
8 association's
records.
9 (b)
When the total annual revenue of the master
10 condominium association
is at least $200,000 but less than
11 $400,000, the
condominium association shall, at a minimum,
12 obtain from the
master condominium association reviewed
13 financial statements
for inclusion in the condominium
14 association's
records.
15 (c) When
the total annual revenue of the master
16 condominium association
is $400,000 or more, the condominium
17 association shall,
at a minimum, obtain from the master
18 condominium association
audited financial statements for
19 inclusion in the
condominium association's records.
20 (4) Master condominium
associations are not precluded
21 from exceeding the reporting
requirements set forth in this
22 section.
23 (5) The condominium
association covered under the
24 definition in s. 718.103(2)
shall obtain the financial report
25 required under subsection
(2) or the financial statements
26 required under subsection
(3) within 90 days following the end
27 of the fiscal year to
which the report or statements relate.
28 The condominium association
shall make the report or
29 statements available
to condominium unit owners in the same
30 manner and form as required
for its own financial records
5
1 under its
governing documents, but in no event later than 14
2 days after
its receipt of such report or statements.
3 (6)
The provisions of this part are not intended to
4 reduce or
limit public records or disclosure requirements of a
5 master condominium
association or condominium association
6 under their
governing documents or under any other provision
7 of law.
8 Section 2.
This act shall take effect July 1, 2002.
9
10
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11
HOUSE SUMMARY
12 Defines the term "master
condominium association" to mean
13 any entity that is not
covered under the definition of
"association" in s. 718.103,
F.S., but that has been
14 granted or assigned by
such an association control or
decisionmaking authority over real property or facilities
15 of a condominium
association that would otherwise be
controlled by that condominium association under its
16 governing documents, and
that receives moneys funded by
mandatory dues or assessments paid by condominium unit
17 owners, whether or
not the master condominium association
has a governing body that includes representatives of the
18 condominium association.
Provides that the term does not
include an entity that is granted management or
19 maintenance responsibility
under a mere service contract
with a single condominium association. Provides for the
20 regulation of such master
condominium associations. See bill for details. |
