RETROFITTING SPRINKLER SYSTEM
(l) Certificate of compliance. -- A provision that a
certificate of compliance from a licensed electrical contractor or
electrician may be accepted by the associationís board as evidence of
compliance of the condominium units with the applicable fire and life
safety code must be included. Notwithstanding chapter 633 or of any
other code, statute, ordinance, administrative rule, or regulation, or
any interpretation of the foregoing, an association, residential
condominium, or unit owner is not obligated to retrofit the common
elements, association property, or units of a residential condominium
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 condominium. The local authority
having jurisdiction may not require completion of retrofitting with a
fire sprinkler system before January 1, 2020. By December 31, 2016, a
residential condominium association 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 association will become
compliant by December 31, 2019.
1. 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 condominium is located. 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. Within 30 days after the associationís
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 association. 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
2. 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. Such a
vote may only be called once every 3 years. Notice shall be provided as
required for any regularly called meeting of the unit owners, and 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.
3. As part of the information collected annually from condominiums, the
division shall require condominium 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 condominiums that have
elected to forego retrofitting.
4. Notwithstanding s. 553.509, a residential association may not be
obligated to, and may forego the retrofitting of, any improvements required
by s. 553.509(2) upon an affirmative vote of a majority of the voting
interests in the affected condominium.
History.ós. 1, ch. 76-222; s. 1,
ch. 77-174; s. 5, ch. 77-221; ss. 3, 4, ch. 77-222; s. 1, ch. 78-340; s. 6,
ch. 79-314; s. 2, ch. 80-323; s. 2, ch. 81-225; s. 1, ch. 82-113; s. 4, ch.
82-199; s. 6, ch. 84-368; s. 6, ch. 86-175; s. 2, ch. 88-148; s. 7, ch.
90-151; s. 5, ch. 91-103; ss. 5, 6, ch. 91-426; s. 3, ch. 92-49; s. 3, ch.
94-336; s. 7, ch. 94-350; s. 36, ch. 95-274; s. 2, ch. 96-396; s. 32, ch.
97-93; s. 1773, ch. 97-102; s. 1, ch. 97-301; s. 2, ch. 98-195; s. 3, ch.
98-322; s. 53, ch. 2000-302; s. 21, ch. 2001-64; s. 9, ch. 2002-27; s. 5, ch.
2003-14; s. 4, ch. 2004-345; s. 4, ch. 2004-353; s. 134, ch. 2005-2; s. 7,
ch. 2008-28; s. 88, ch. 2009-21; s. 10, ch. 2010-174; s. 3, ch. 2011-196; s.
5, ch. 2013-122; s. 1, ch. 2013-159; s. 3, ch. 2013-188; s. 1, ch. 2014-74;
s. 9, ch. 2014-133; s. 3, ch. 2015-97; s. 3, ch. 2017-188.