H1223 GENERAL BILL
by Robaina; (CO-SPONSORS) Antone; Arza; Barreiro; Cantens; Carroll; Garcia;
Gannon; Llorente; Murzin; Rivera; Rubio; Wiles; Zapata
RECOMMENDED by State Administration
RECOMMENDED by Business Regulation
Condominium Associations; prohibits exercise of multiple votes by owners
of multiple units; provides for grandfathering & modification of rental
rights; provides certain voting & approval criteria for amendments
depriving owners of certain rights; authorizes association to conduct
criminal background checks of potential unit owners & tenants; requires
creation of Condominium Owners' Bill of Rights, etc. Amends Ch. 718.
EFFECTIVE DATE: Upon becoming law.
02/20/04 HOUSE Prefiled
03/02/04 HOUSE Introduced -HJ 00095
Business Regulation - Favorable With Committee Substitute ( see
HB1223 CS )
State Administration - On Committee
agenda -- 03/29/04, 8:00 am, Reed Hall
Favorable With Committee Substitute
Total Yeas: 6 Total
Nays: 0 Total Missed: 1 Total Vote: 7
READ
STAFF ANALYSIS
Subcommittee on Commerce & Local Affairs Appropriations
Appropriations
Now in Business Regulation - For more
info see:
COMMITTEE
ON BUSINESS REGULATION
The bill was
heard in this Committee on Wednesday, 3-10-2004, at 3.15. p.m. in
Morris Hall.
Result: Favorable With Committee Substitute
VOTE:
N Altman
Y Ambler
Y Attkisson
Y Baxley
Y Benson
Y Bowen
Y Brandenburg
Y Dean |
Y
Farkas
Y Fields
Y Garcia
Y Greenstein
Y Harper
Y Henriquez
Y Holloway
Y Jennings |
N
Johnson
N Joyner
N Justice
Y Kallinger
N Kosmas
Y Littlefield
Y Mahon
Y Mayfield |
Y
Mealor
Y Murzin
Y Paul
Y Prieguez
Y Reagan
Y Richardson
Y Ritter
Y Robaina |
Y
Ryan
Y Smith
Y Sorensen
Y Stargel
Y Vana
N Wishner
Y Zapata |
Total Yeas:
33 Total Nays: 6 Total
Missed: 0
Total Vote:
39
( Identical
S 2498 -- Senator Rudy Garcia,
Compare
H 1663 -- Representative Mary Brandenburg )
COMMITTEE SUBSTITUTE
CODING: Words stricken
are deletions; words underlined are
additions.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CHAMBER ACTION
The Committee on State Administration
recommends the following:
1 The Committee on State Administration
recommends the following:
2
3 Committee
Substitute
4 Remove
the entire bill and insert:
5 A bill to be entitled
6 An act relating to condominium associations;
amending s.
7 718.110, F.S.; providing for grandfathering
and
8 modification of rental rights; providing
for certain
9 application of the amendment of unit
owners' rental
10 rights; providing certain voting and
approval criteria for
11 amendments depriving owners of certain
rights; creating s.
12 718.5011, F.S.; creating an Office
of the Condominium
13 Ombudsman within the Division of Florida
Land Sales,
14 Condominiums, and Mobile Homes; providing
for the office's
15 independence from the division; authorizing
the Joint
16 Legislative Auditing Committee to appoint
the ombudsman;
17 requiring the ombudsman to be an attorney;
providing for
18 the filling of a vacant ombudsman position;
requiring the
19 ombudsman and staff to subscribe to
the oath of office
20 required of state officers; prohibiting
the ombudsman and
21 staff from engaging in any other profession,
serving as a
22 representative or employee of any political
party, or
23 receiving remuneration for activities
on behalf of
24 political candidates; prohibiting the
ombudsman and staff
25 from seeking public office unless resigned
from the Office
26 of the Condominium Ombudsman; providing
requirements and
27 limitations for office staff; creating
s. 718.5012, F.S.;
28 providing for powers and duties of
the ombudsman; creating
29 s. 718.5013, F.S.; providing for compensation
and expenses
30 for the office; authorizing the ombudsman
to employ
31 clerical and technical assistants for
certain purposes;
32 creating s. 718.5014, F.S.; providing
for the location of
33 the ombudsman's office; creating s.
718.5015, F.S.;
34 creating the Advisory Council on Condominiums;
providing
35 for membership, functions, meetings,
and offices of the
36 council; amending s. 718.504, F.S.;
revising provisions
37 relating to certain prospectus and
offering circulars;
38 requiring developers of certain condominiums
to provide a
39 prospectus including a "Frequently
Asked Questions and
40 Answers" document; requiring the document
to contain
41 certain information; reducing the threshold
amount to be
42 required to be disclosed in controversy
for litigation;
43 preserving the department's authority
to pursue certain
44 remedies; providing an effective date.
45
46 Be It Enacted by the Legislature of
the State of Florida:
47
48 Section
1. Subsection (13) is added to section 718.110,
49 Florida Statutes, to read:
50 718.110
Amendment of declaration; correction of error or
51 omission in declaration by circuit
court; grandfathering and
52 modification
of certain rights.--
53 (13)(a)
Unless expressly stated in the amendment, any
54 amendment
restricting unit owners' rights relating to the rental
55 of units,
keeping of pets, or allocation of parking spaces shall
56 apply only
to unit owners who purchase their unit after the
57 effective
date of that amendment.
58 (b)
Notwithstanding any other provision of law, or of the
59 declaration
or bylaws, if an amendment expressly deprives
60 current unit
owners of any part of their rights mentioned in
61 subsection
(a), it must be approved by at least a majority of
62 the voting
interests. A declaration or an amendment to a
63 declaration
may provide for a higher super majority vote
64 requirement.
65 Section
2. Section 718.5011, Florida Statutes, is created
66 to read:
67 718.5011
Ombudsman; appointment; oath; restrictions on
68 ombudsman
and his or her employees.--
69 (1)
There is created an Office of the Condominium
70 Ombudsman
that for administrative purposes shall be located
71 within the
Division of Florida Land Sales, Condominiums, and
72 Mobile Homes.
However, the office shall be independent of the
73 division.
74 (2)
The Joint Legislative Auditing Committee shall appoint
75 an ombudsman
by majority vote of the members of that committee.
76 The ombudsman
shall be an attorney admitted to practice before
77 the Florida
Supreme Court and shall serve at the pleasure of the
78 Joint Legislative
Auditing Committee. Vacancies in the office
79 shall be filled
in the same manner as the original appointment.
80 The ombudsman
and attorneys under his or her staff shall take
81 and subscribe
to the oath of office required of state officers
82 by the State
Constitution. No officer or full-time employee of
83 the ombudsman's
office shall actively engage in any other
84 business or
profession; serve as the representative of any
85 political
party, executive committee, or other governing body
86 thereof; serve
as an executive, officer, or employee of any
87 political
party, committee, organization, or association;
88 receive remuneration
for activities on behalf of any candidate
89 for public
office; or engage on behalf of any candidate for
90 public office
in the solicitation of votes or other activities
91 on behalf
of such candidacy. Neither the ombudsman nor any
92 employee of
his or her office shall become a candidate for
93 election to
public office unless he or she first resigns from
94 his or her
office or employment.
95 Section
3. Section 718.5012, Florida Statutes, is created
96 to read:
97 718.5012
Ombudsman; powers and duties.--The ombudsman
98 shall have
such powers as are necessary to carry out the duties
99 of his or
her office, including, but not limited to, the
100 following
specific powers:
101 (1)
To have access to and use of all files and records of
102 the division
and of all condominium associations, by subpoena if
103 necessary.
104 (2)
To conduct onsite inspections of condominiums,
105 including
surprise inspections in accordance with rules
106 providing
for such inspections.
107 (3)
To prepare and issue reports, recommendations, and
108 proposed
orders to the division, the Governor, the Advisory
109 Council on
Condominiums, the President of the Senate, the
110 Speaker of
the House of Representatives, and minority leaders of
111 the Senate
and the House of Representatives on any matter or
112 subject within
the jurisdiction of the division, and to make
113 such recommendations
as he or she deems appropriate for
114 legislation
relative to division procedures, rules,
115 jurisdiction,
personnel, and functions.
116 (4)
To act as liaison between the division and unit
117 owners, and
to assist any unit owner in the preparation and
118 filing of
a complaint to be investigated by the division. The
119 ombudsman
shall establish procedures for receiving complaints.
120 Any complaint
deemed valid by the ombudsman and properly falling
121 within the
jurisdiction of the division and requiring remedial
122 action shall
be identified and promptly filed with the division.
123 Upon the
concurrence of the division, the ombudsman shall
124 establish
target dates for concluding an investigation and for
125 taking appropriate
specified remedial action. The ombudsman may
126 recommend
that the division initiate enforcement proceedings in
127 accordance
with chapter 120. The department and the ombudsman
128 may take
findings of a criminal nature and submit them as
129 evidence
to the state attorney's office and work with such
130 office to
bring charges against the alleged parties involved.
131 (5)
To monitor, investigate, and review condominium
132 elections
and meetings. In addition, the ombudsman shall:
133 (a)
Prove to the division, by clear and convincing
134 evidence,
that a member of a condominium board has attempted,
135 engaged in,
conspired to engage in, or willfully and knowingly
136 benefited
from electoral fraud in order for the division to
137 order such
member removed from office. Such an order of removal
138 shall also
prohibit such member from running for election to any
139 office of
the condominium board in the state for 4 years. If any
140 person is
so removed from office twice, such person shall be
141 barred for
life from serving on a condominium board. Factual
142 findings
forming the basis for an order of removal shall be
143 subject to
judicial review only for abuse of discretion.
144 (b)
Jointly, with the division, adopt rules governing
145 removal proceedings.
Such rules shall, at a minimum, provide the
146 accused board
member with adequate notice, opportunity to be
147 heard, the
right to confront and cross-examine witnesses, the
148 right to
submit rebuttal evidence, and the right to counsel.
149
150 Neither this
subsection nor rules adopted to implement it shall
151 be construed
to require provision of counsel or witnesses, or
152 other assistance,
at public expense.
153 (6)
To resolve disputes among unit owners by ordering
154 mediation
or arbitration in the same manner as the division.
155 (7)
To make recommendations to the division for changes in
156 rules and
procedures for the filing, investigation, and
157 resolution
of complaints filed by unit owners, associations, and
158 managers.
159 Section
4. Section 718.5013, Florida Statutes, is created
160 to read:
161 718.5013
Ombudsman; compensation and expenses.--
162 (1)
All costs and expenses incurred by the Office of the
163 Condominium
Ombudsman shall be paid from disbursements from the
164 Division
of Florida Land Sales, Condominiums, and Mobile Homes
165 Trust Fund
and shall require approval of the Joint Legislative
166 Auditing
Committee.
167 (2)
The Joint Legislative Auditing Committee may authorize
168 the ombudsman
to employ clerical and technical assistants whose
169 qualifications,
duties, and responsibilities the committee shall
170 from time
to time prescribe, and to enter into such contracts as
171 necessary.
The committee may authorize retention of the services
172 of additional
attorneys or experts to the extent that the best
173 interests
of the people of the state will be better served
174 thereby,
including the retention of expert witnesses and other
175 technical
personnel for participation in contested proceedings
176 before the
division.
177 Section
5. Section 718.5014, Florida Statutes, is created
178 to read:
179 718.5014
Ombudsman; location.--The ombudsman shall
180 maintain
his or her principal office in Leon County on the
181 premises
of the division or, if suitable space cannot be
182 provided
there, at such other place convenient to the offices of
183 the division
as will enable the ombudsman to expeditiously carry
184 out the duties
and functions of his or her office. The ombudsman
185 may establish
branch offices upon the concurrence of the Joint
186 Legislative
Auditing Committee
187 Section
6. Section 718.5015, Florida Statutes, is created
188 to read:
189 718.5015
Advisory council; membership functions.--
190 (1)
There is created the Advisory Council on Condominiums.
191 The council
shall consist of seven members. Two members shall be
192 appointed
by the Speaker of the House of Representatives, two
193 members shall
be appointed by the President of the Senate, and
194 three members
shall be appointed by the Governor. At least one
195 member shall
represent timeshare condominiums. Members shall be
196 appointed
to 2-year terms; however, of the initial appointments,
197 one of the
members appointed by each of the Governor, the
198 Speaker of
the House of Representatives, and the President of
199 the Senate
shall be appointed to 1-year terms. In addition to
200 these appointed
members, the director of the Division of Florida
201 Land Sales,
Condominiums, and Mobile Homes shall serve as an ex
202 officio member
of the council. It is the intent of the
203 Legislature
that the persons appointed to this council represent
204 a cross-section
of persons interested in condominium issues. For
205 administrative
purposes, the council shall be located in the
206 Division
of Florida Land Sales, Condominiums, and Mobile Homes
207 of the Department
of Business and Professional Regulation.
208 Members of
the council shall serve without compensation, but
209 shall be
entitled to receive per diem and travel expenses
210 pursuant
to s. 112.061 while on official business.
211 (2)
The functions of the advisory council shall be to:
212 (a)
Receive input from the public regarding issues of
213 concern with
respect to condominiums and to receive
214 recommendations
for any changes to be made in the condominium
215 law. The
issues that the council shall consider shall include,
216 but shall
not be limited to, the rights and responsibilities of
217 the unit
owners in relation to the rights and responsibilities
218 of the association.
219 (b)
Review, evaluate, and advise the division concerning
220 revisions
and adoption of rules affecting condominiums.
221 (c)
Recommend improvements, if needed, in the education
222 programs
offered by the division.
223 (3)
The council is authorized to elect a chair and vice
224 chair and
such other offices as it may deem advisable. The
225 council shall
meet at the call of its chair, at the request of a
226 majority
of its membership, at the request of the division, or
227 at such times
as may be prescribed by its rules. A majority of
228 the members
of the council shall constitute a quorum for the
229 transaction
of all business and the carrying out of the duties
230 of the council.
231 Section
7. Section 718.504, Florida Statutes, is amended
232 to read:
233 718.504
Prospectus or offering circular; "Frequently
Asked
234 Questions
and Answers".--Every developer of a residential
235 condominium which contains more than
20 residential units, or
236 which is part of a group of residential
condominiums which will
237 be served by property to be used in
common by unit owners of
238 more than 20 residential units, shall
prepare a prospectus or
239 offering circular and file it with
the Division of Florida Land
240 Sales, Condominiums, and Mobile Homes
prior to entering into an
241 enforceable contract of purchase and
sale of any unit or lease
242 of a unit for more than 5 years and
shall furnish a copy of the
243 prospectus or offering circular to
each buyer. In addition to
244 the prospectus or offering circular,
any prospective each
buyer
245 from the
developer or a current unit owner shall be furnished a
246 separate document
page entitled "Frequently
Asked Questions and
247 Answers," which shall be in accordance
with a format approved by
248 the division and a copy of the financial
information required by
249 s. 718.111. This document
page shall, in readable language,
250 inform prospective purchasers regarding
their voting rights and
251 unit use restrictions, including restrictions
on the leasing of
252 a unit; shall indicate whether and
in what amount the unit
253 owners or the association is obligated
to pay rent or land use
254 fees for recreational or other commonly
used facilities; shall
255 contain a statement identifying that
amount of assessment which,
256 pursuant to the budget, would be levied
upon each unit type,
257 exclusive of any special assessments,
and which shall further
258 identify the basis upon which assessments
are levied, whether
259 monthly, quarterly, or otherwise;
shall state and identify any
260 court cases in which the association
is currently a party of
261 record in which the association may
face liability in excess
of
262 $25,000 or
more $100,000;
and which shall further state whether
263 membership in a recreational facilities
association is
264 mandatory, and if so, shall identify
the fees currently charged
265 per unit type. The division shall
by rule require such other
266 disclosure as in its judgment will
assist prospective
267 purchasers. The prospectus or offering
circular may include more
268 than one condominium, although not
all such units are being
269 offered for sale as of the date of
the prospectus or offering
270 circular. The prospectus or offering
circular must contain the
271 following information:
272 (1)
The front cover or the first page must contain only:
273 (a)
The name of the condominium.
274 (b)
The following statements in conspicuous type:
275 1.
THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
276 MATTERS TO BE CONSIDERED IN ACQUIRING
A CONDOMINIUM UNIT.
277 2.
THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
278 NATURE. A PROSPECTIVE PURCHASER SHOULD
REFER TO ALL REFERENCES,
279 ALL EXHIBITS HERETO, THE CONTRACT
DOCUMENTS, AND SALES
280 MATERIALS.
281 3.
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
282 STATING THE REPRESENTATIONS OF THE
DEVELOPER. REFER TO THIS
283 PROSPECTUS (OFFERING CIRCULAR) AND
ITS EXHIBITS FOR CORRECT
284 REPRESENTATIONS.
285 (2)
Summary: The next page must contain all statements
286 required to be in conspicuous type
in the prospectus or offering
287 circular.
288 (3)
A separate index of the contents and exhibits of the
289 prospectus.
290 (4)
Beginning on the first page of the text (not including
291 the summary and index), a description
of the condominium,
292 including, but not limited to, the
following information:
293 (a)
Its name and location.
294 (b)
A description of the condominium property, including,
295 without limitation:
296 1.
The number of buildings, the number of units in each
297 building, the number of bathrooms
and bedrooms in each unit, and
298 the total number of units, if the
condominium is not a phase
299 condominium, or the maximum number
of buildings that may be
300 contained within the condominium,
the minimum and maximum
301 numbers of units in each building,
the minimum and maximum
302 numbers of bathrooms and bedrooms
that may be contained in each
303 unit, and the maximum number of units
that may be contained
304 within the condominium, if the condominium
is a phase
305 condominium.
306 2.
The page in the condominium documents where a copy of
307 the plot plan and survey of the condominium
is located.
308 3.
The estimated latest date of completion of
309 constructing, finishing, and equipping.
In lieu of a date, the
310 description shall include a statement
that the estimated date of
311 completion of the condominium is in
the purchase agreement and a
312 reference to the article or paragraph
containing that
313 information.
314 (c)
The maximum number of units that will use facilities
315 in common with the condominium. If
the maximum number of units
316 will vary, a description of the basis
for variation and the
317 minimum amount of dollars per unit
to be spent for additional
318 recreational facilities or enlargement
of such facilities. If
319 the addition or enlargement of facilities
will result in a
320 material increase of a unit owner's
maintenance expense or
321 rental expense, if any, the maximum
increase and limitations
322 thereon shall be stated.
323 (5)(a)
A statement in conspicuous type describing whether
324 the condominium is created and being
sold as fee simple
325 interests or as leasehold interests.
If the condominium is
326 created or being sold on a leasehold,
the location of the lease
327 in the disclosure materials shall
be stated.
328 (b)
If timeshare estates are or may be created with
329 respect to any unit in the condominium,
a statement in
330 conspicuous type stating that timeshare
estates are created and
331 being sold in units in the condominium.
332 (6)
A description of the recreational and other commonly
333 used facilities that will be used
only by unit owners of the
334 condominium, including, but not limited
to, the following:
335 (a)
Each room and its intended purposes, location,
336 approximate floor area, and capacity
in numbers of people.
337 (b)
Each swimming pool, as to its general location,
338 approximate size and depths, approximate
deck size and capacity,
339 and whether heated.
340 (c)
Additional facilities, as to the number of each
341 facility, its approximate location,
approximate size, and
342 approximate capacity.
343 (d)
A general description of the items of personal
344 property and the approximate number
of each item of personal
345 property that the developer is committing
to furnish for each
346 room or other facility or, in the
alternative, a representation
347 as to the minimum amount of expenditure
that will be made to
348 purchase the personal property for
the facility.
349 (e)
The estimated date when each room or other facility
350 will be available for use by the unit
owners.
351 (f)1.
An identification of each room or other facility to
352 be used by unit owners that will not
be owned by the unit owners
353 or the association;
354 2.
A reference to the location in the disclosure materials
355 of the lease or other agreements providing
for the use of those
356 facilities; and
357 3.
A description of the terms of the lease or other
358 agreements, including the length of
the term; the rent payable,
359 directly or indirectly, by each unit
owner, and the total rent
360 payable to the lessor, stated in monthly
and annual amounts for
361 the entire term of the lease; and
a description of any option to
362 purchase the property leased under
any such lease, including the
363 time the option may be exercised,
the purchase price or how it
364 is to be determined, the manner of
payment, and whether the
365 option may be exercised for a unit
owner's share or only as to
366 the entire leased property.
367 (g)
A statement as to whether the developer may provide
368 additional facilities not described
above; their general
369 locations and types; improvements
or changes that may be made;
370 the approximate dollar amount to be
expended; and the maximum
371 additional common expense or cost
to the individual unit owners
372 that may be charged during the first
annual period of operation
373 of the modified or added facilities.
374
375 Descriptions as to locations, areas,
capacities, numbers,
376 volumes, or sizes may be stated as
approximations or minimums.
377 (7)
A description of the recreational and other facilities
378 that will be used in common with other
condominiums, community
379 associations, or planned developments
which require the payment
380 of the maintenance and expenses of
such facilities, either
381 directly or indirectly, by the unit
owners. The description
382 shall include, but not be limited
to, the following:
383 (a)
Each building and facility committed to be built.
384 (b)
Facilities not committed to be built except under
385 certain conditions, and a statement
of those conditions or
386 contingencies.
387 (c)
As to each facility committed to be built, or which
388 will be committed to be built upon
the happening of one of the
389 conditions in paragraph (b), a statement
of whether it will be
390 owned by the unit owners having the
use thereof or by an
391 association or other entity which
will be controlled by them, or
392 others, and the location in the exhibits
of the lease or other
393 document providing for use of those
facilities.
394 (d)
The year in which each facility will be available for
395 use by the unit owners or, in the
alternative, the maximum
396 number of unit owners in the project
at the time each of all of
397 the facilities is committed to be
completed.
398 (e)
A general description of the items of personal
399 property, and the approximate number
of each item of personal
400 property, that the developer is committing
to furnish for each
401 room or other facility or, in the
alternative, a representation
402 as to the minimum amount of expenditure
that will be made to
403 purchase the personal property for
the facility.
404 (f)
If there are leases, a description thereof, including
405 the length of the term, the rent payable,
and a description of
406 any option to purchase.
407
408 Descriptions shall include location,
areas, capacities, numbers,
409 volumes, or sizes and may be stated
as approximations or
410 minimums.
411 (8)
Recreation lease or associated club membership:
412 (a)
If any recreational facilities or other facilities
413 offered by the developer and available
to, or to be used by,
414 unit owners are to be leased or have
club membership associated,
415 the following statement in conspicuous
type shall be included:
416 THERE IS A RECREATIONAL FACILITIES
LEASE ASSOCIATED WITH THIS
417 CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP
ASSOCIATED WITH THIS
418 CONDOMINIUM. There shall be a reference
to the location in the
419 disclosure materials where the recreation
lease or club
420 membership is described in detail.
421 (b)
If it is mandatory that unit owners pay a fee, rent,
422 dues, or other charges under a recreational
facilities lease or
423 club membership for the use of facilities,
there shall be in
424 conspicuous type the applicable statement:
425 1.
MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
426 MANDATORY FOR UNIT OWNERS; or
427 2.
UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
428 TO BE LESSEES UNDER THE RECREATIONAL
FACILITIES LEASE; or
429 3.
UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
430 COSTS AND EXPENSES OF MAINTENANCE,
MANAGEMENT, UPKEEP,
431 REPLACEMENT, RENT, AND FEES UNDER
THE RECREATIONAL FACILITIES
432 LEASE (OR THE OTHER INSTRUMENTS PROVIDING
THE FACILITIES); or
433 4.
A similar statement of the nature of the organization
434 or the manner in which the use rights
are created, and that unit
435 owners are required to pay.
436
437 Immediately following the applicable
statement, the location in
438 the disclosure materials where the
development is described in
439 detail shall be stated.
440 (c)
If the developer, or any other person other than the
441 unit owners and other persons having
use rights in the
442 facilities, reserves, or is entitled
to receive, any rent, fee,
443 or other payment for the use of the
facilities, then there shall
444 be the following statement in conspicuous
type: THE UNIT OWNERS
445 OR THE ASSOCIATION(S) MUST PAY RENT
OR LAND USE FEES FOR
446 RECREATIONAL OR OTHER COMMONLY USED
FACILITIES. Immediately
447 following this statement, the location
in the disclosure
448 materials where the rent or land use
fees are described in
449 detail shall be stated.
450 (d)
If, in any recreation format, whether leasehold, club,
451 or other, any person other than the
association has the right to
452 a lien on the units to secure the
payment of assessments, rent,
453 or other exactions, there shall appear
a statement in
454 conspicuous type in substantially
the following form:
455 1.
THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
456 SECURE THE PAYMENT OF RENT AND OTHER
EXACTIONS UNDER THE
457 RECREATION LEASE. THE UNIT OWNER'S
FAILURE TO MAKE THESE
458 PAYMENTS MAY RESULT IN FORECLOSURE
OF THE LIEN; or
459 2.
THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
460 SECURE THE PAYMENT OF ASSESSMENTS
OR OTHER EXACTIONS COMING DUE
461 FOR THE USE, MAINTENANCE, UPKEEP,
OR REPAIR OF THE RECREATIONAL
462 OR COMMONLY USED FACILITIES. THE UNIT
OWNER'S FAILURE TO MAKE
463 THESE PAYMENTS MAY RESULT IN FORECLOSURE
OF THE LIEN.
464
465 Immediately following the applicable
statement, the location in
466 the disclosure materials where the
lien or lien right is
467 described in detail shall be stated.
468 (9)
If the developer or any other person has the right to
469 increase or add to the recreational
facilities at any time after
470 the establishment of the condominium
whose unit owners have use
471 rights therein, without the consent
of the unit owners or
472 associations being required, there
shall appear a statement in
473 conspicuous type in substantially
the following form:
474 RECREATIONAL FACILITIES MAY BE EXPANDED
OR ADDED WITHOUT CONSENT
475 OF UNIT OWNERS OR THE ASSOCIATION(S).
Immediately following this
476 statement, the location in the disclosure
materials where such
477 reserved rights are described shall
be stated.
478 (10)
A statement of whether the developer's plan includes
479 a program of leasing units rather
than selling them, or leasing
480 units and selling them subject to
such leases. If so, there
481 shall be a description of the plan,
including the number and
482 identification of the units and the
provisions and term of the
483 proposed leases, and a statement in
boldfaced type that: THE
484 UNITS MAY BE TRANSFERRED SUBJECT TO
A LEASE.
485 (11)
The arrangements for management of the association
486 and maintenance and operation of the
condominium property and of
487 other property that will serve the
unit owners of the
488 condominium property, and a description
of the management
489 contract and all other contracts for
these purposes having a
490 term in excess of 1 year, including
the following:
491 (a)
The names of contracting parties.
492 (b)
The term of the contract.
493 (c)
The nature of the services included.
494 (d)
The compensation, stated on a monthly and annual
495 basis, and provisions for increases
in the compensation.
496 (e)
A reference to the volumes and pages of the
497 condominium documents and of the exhibits
containing copies of
498 such contracts.
499
500 Copies of all described contracts
shall be attached as exhibits.
501 If there is a contract for the management
of the condominium
502 property, then a statement in conspicuous
type in substantially
503 the following form shall appear, identifying
the proposed or
504 existing contract manager: THERE IS
(IS TO BE) A CONTRACT FOR
505 THE MANAGEMENT OF THE CONDOMINIUM
PROPERTY WITH (NAME OF THE
506 CONTRACT MANAGER). Immediately following
this statement, the
507 location in the disclosure materials
of the contract for
508 management of the condominium property
shall be stated.
509 (12)
If the developer or any other person or persons other
510 than the unit owners has the right
to retain control of the
511 board of administration of the association
for a period of time
512 which can exceed 1 year after the
closing of the sale of a
513 majority of the units in that condominium
to persons other than
514 successors or alternate developers,
then a statement in
515 conspicuous type in substantially
the following form shall be
516 included: THE DEVELOPER (OR OTHER
PERSON) HAS THE RIGHT TO
517 RETAIN CONTROL OF THE ASSOCIATION
AFTER A MAJORITY OF THE UNITS
518 HAVE BEEN SOLD. Immediately following
this statement, the
519 location in the disclosure materials
where this right to control
520 is described in detail shall be stated.
521 (13)
If there are any restrictions upon the sale,
522 transfer, conveyance, or leasing of
a unit, then a statement in
523 conspicuous type in substantially
the following form shall be
524 included: THE SALE, LEASE, OR TRANSFER
OF UNITS IS RESTRICTED OR
525 CONTROLLED. Immediately following
this statement, the location
526 in the disclosure materials where
the restriction, limitation,
527 or control on the sale, lease, or
transfer of units is described
528 in detail shall be stated.
529 (14)
If the condominium is part of a phase project, the
530 following information shall be stated:
531 (a)
A statement in conspicuous type in substantially the
532 following form: THIS IS A PHASE CONDOMINIUM.
ADDITIONAL LAND AND
533 UNITS MAY BE ADDED TO THIS CONDOMINIUM.
Immediately following
534 this statement, the location in the
disclosure materials where
535 the phasing is described shall be
stated.
536 (b)
A summary of the provisions of the declaration which
537 provide for the phasing.
538 (c)
A statement as to whether or not residential buildings
539 and units which are added to the condominium
may be
540 substantially different from the residential
buildings and units
541 originally in the condominium. If
the added residential
542 buildings and units may be substantially
different, there shall
543 be a general description of the extent
to which such added
544 residential buildings and units may
differ, and a statement in
545 conspicuous type in substantially
the following form shall be
546 included: BUILDINGS AND UNITS WHICH
ARE ADDED TO THE CONDOMINIUM
547 MAY BE SUBSTANTIALLY DIFFERENT FROM
THE OTHER BUILDINGS AND
548 UNITS IN THE CONDOMINIUM. Immediately
following this statement,
549 the location in the disclosure materials
where the extent to
550 which added residential buildings
and units may substantially
551 differ is described shall be stated.
552 (d)
A statement of the maximum number of buildings
553 containing units, the maximum and
minimum numbers of units in
554 each building, the maximum number
of units, and the minimum and
555 maximum square footage of the units
that may be contained within
556 each parcel of land which may be added
to the condominium.
557 (15)
If a condominium created on or after July 1, 2000, is
558 or may become part of a multicondominium,
the following
559 information must be provided:
560 (a)
A statement in conspicuous type in substantially the
561 following form: THIS CONDOMINIUM IS
(MAY BE) PART OF A
562 MULTICONDOMINIUM DEVELOPMENT IN WHICH
OTHER CONDOMINIUMS WILL
563 (MAY) BE OPERATED BY THE SAME ASSOCIATION.
Immediately following
564 this statement, the location in the
prospectus or offering
565 circular and its exhibits where the
multicondominium aspects of
566 the offering are described must be
stated.
567 (b)
A summary of the provisions in the declaration,
568 articles of incorporation, and bylaws
which establish and
569 provide for the operation of the multicondominium,
including a
570 statement as to whether unit owners
in the condominium will have
571 the right to use recreational or other
facilities located or
572 planned to be located in other condominiums
operated by the same
573 association, and the manner of sharing
the common expenses
574 related to such facilities.
575 (c)
A statement of the minimum and maximum number of
576 condominiums, and the minimum and
maximum number of units in
577 each of those condominiums, which
will or may be operated by the
578 association, and the latest date by
which the exact number will
579 be finally determined.
580 (d)
A statement as to whether any of the condominiums in
581 the multicondominium may include units
intended to be used for
582 nonresidential purposes and the purpose
or purposes permitted
583 for such use.
584 (e)
A general description of the location and approximate
585 acreage of any land on which any additional
condominiums to be
586 operated by the association may be
located.
587 (16)
If the condominium is created by conversion of
588 existing improvements, the following
information shall be
589 stated:
590 (a)
The information required by s. 718.616.
591 (b)
A caveat that there are no express warranties unless
592 they are stated in writing by the
developer.
593 (17)
A summary of the restrictions, if any, to be imposed
594 on units concerning the use of any
of the condominium property,
595 including statements as to whether
there are restrictions upon
596 children and pets, and reference to
the volumes and pages of the
597 condominium documents where such restrictions
are found, or if
598 such restrictions are contained elsewhere,
then a copy of the
599 documents containing the restrictions
shall be attached as an
600 exhibit.
601 (18)
If there is any land that is offered by the developer
602 for use by the unit owners and that
is neither owned by them nor
603 leased to them, the association, or
any entity controlled by
604 unit owners and other persons having
the use rights to such
605 land, a statement shall be made as
to how such land will serve
606 the condominium. If any part of such
land will serve the
607 condominium, the statement shall describe
the land and the
608 nature and term of service, and the
declaration or other
609 instrument creating such servitude
shall be included as an
610 exhibit.
611 (19)
The manner in which utility and other services,
612 including, but not limited to, sewage
and waste disposal, water
613 supply, and storm drainage, will be
provided and the person or
614 entity furnishing them.
615 (20)
An explanation of the manner in which the
616 apportionment of common expenses and
ownership of the common
617 elements has been determined.
618 (21)
An estimated operating budget for the condominium and
619 the association, and a schedule of
the unit owner's expenses
620 shall be attached as an exhibit and
shall contain the following
621 information:
622 (a)
The estimated monthly and annual expenses of the
623 condominium and the association that
are collected from unit
624 owners by assessments.
625 (b)
The estimated monthly and annual expenses of each unit
626 owner for a unit, other than common
expenses paid by all unit
627 owners, payable by the unit owner
to persons or entities other
628 than the association, as well as to
the association, including
629 fees assessed pursuant to s. 718.113(1)
for maintenance of
630 limited common elements where such
costs are shared only by
631 those entitled to use the limited
common element, and the total
632 estimated monthly and annual expense.
There may be excluded from
633 this estimate expenses which are not
provided for or
634 contemplated by the condominium documents,
including, but not
635 limited to, the costs of private telephone;
maintenance of the
636 interior of condominium units, which
is not the obligation of
637 the association; maid or janitorial
services privately
638 contracted for by the unit owners;
utility bills billed directly
639 to each unit owner for utility services
to his or her unit;
640 insurance premiums other than those
incurred for policies
641 obtained by the condominium; and similar
personal expenses of
642 the unit owner. A unit owner's estimated
payments for
643 assessments shall also be stated in
the estimated amounts for
644 the times when they will be due.
645 (c)
The estimated items of expenses of the condominium and
646 the association, except as excluded
under paragraph (b),
647 including, but not limited to, the
following items, which shall
648 be stated either as an association
expense collectible by
649 assessments or as unit owners' expenses
payable to persons other
650 than the association:
651 1.
Expenses for the association and condominium:
652 a.
Administration of the association.
653 b.
Management fees.
654 c.
Maintenance.
655 d.
Rent for recreational and other commonly used
656 facilities.
657 e.
Taxes upon association property.
658 f.
Taxes upon leased areas.
659 g.
Insurance.
660 h.
Security provisions.
661 i.
Other expenses.
662 j.
Operating capital.
663 k.
Reserves.
664 l.
Fees payable to the division.
665 2.
Expenses for a unit owner:
666 a.
Rent for the unit, if subject to a lease.
667 b.
Rent payable by the unit owner directly to the lessor
668 or agent under any recreational lease
or lease for the use of
669 commonly used facilities, which use
and payment is a mandatory
670 condition of ownership and is not
included in the common expense
671 or assessments for common maintenance
paid by the unit owners to
672 the association.
673 (d)
The estimated amounts shall be stated for a period of
674 at least 12 months and may distinguish
between the period prior
675 to the time unit owners other than
the developer elect a
676 majority of the board of administration
and the period after
677 that date.
678 (22)
A schedule of estimated closing expenses to be paid
679 by a buyer or lessee of a unit and
a statement of whether title
680 opinion or title insurance policy
is available to the buyer and,
681 if so, at whose expense.
682 (23)
The identity of the developer and the chief operating
683 officer or principal directing the
creation and sale of the
684 condominium and a statement of its
and his or her experience in
685 this field.
686 (24)
Copies of the following, to the extent they are
687 applicable, shall be included as exhibits:
688 (a)
The declaration of condominium, or the proposed
689 declaration if the declaration has
not been recorded.
690 (b)
The articles of incorporation creating the
691 association.
692 (c)
The bylaws of the association.
693 (d)
The ground lease or other underlying lease of the
694 condominium.
695 (e)
The management agreement and all maintenance and other
696 contracts for management of the association
and operation of the
697 condominium and facilities used by
the unit owners having a
698 service term in excess of 1 year.
699 (f)
The estimated operating budget for the condominium and
700 the required schedule of unit owners'
expenses.
701 (g)
A copy of the floor plan of the unit and the plot plan
702 showing the location of the residential
buildings and the
703 recreation and other common areas.
704 (h)
The lease of recreational and other facilities that
705 will be used only by unit owners of
the subject condominium.
706 (i)
The lease of facilities used by owners and others.
707 (j)
The form of unit lease, if the offer is of a
708 leasehold.
709 (k)
A declaration of servitude of properties serving the
710 condominium but not owned by unit
owners or leased to them or
711 the association.
712 (l)
The statement of condition of the existing building or
713 buildings, if the offering is of units
in an operation being
714 converted to condominium ownership.
715 (m)
The statement of inspection for termite damage and
716 treatment of the existing improvements,
if the condominium is a
717 conversion.
718 (n)
The form of agreement for sale or lease of units.
719 (o)
A copy of the agreement for escrow of payments made to
720 the developer prior to closing.
721 (p)
A copy of the documents containing any restrictions on
722 use of the property required by subsection
(17).
723 (25)
Any prospectus or offering circular complying, prior
724 to the effective date of this act,
with the provisions of former
725 ss. 711.69 and 711.802 may continue
to be used without amendment
726 or may be amended to comply with the
provisions of this chapter.
727 (26)
A brief narrative description of the location and
728 effect of all existing and intended
easements located or to be
729 located on the condominium property
other than those described
730 in the declaration.
731 (27)
If the developer is required by state or local
732 authorities to obtain acceptance or
approval of any dock or
733 marina facilities intended to serve
the condominium, a copy of
734 any such acceptance or approval acquired
by the time of filing
735 with the division under s. 718.502(1)
or a statement that such
736 acceptance or approval has not been
acquired or received.
737 (28)
Evidence demonstrating that the developer has an
738 ownership, leasehold, or contractual
interest in the land upon
739 which the condominium is to be developed.
740 Section
8. The Department of Business and Professional
741 Regulation
may continue to prosecute any existing legal
742 proceedings
and related administrative cases that are in
743 existence
on the effective date of this act.
744 Section
9. This act shall take effect July 1, 2004.
CODING: Words stricken
are deletions; words underlined are
additions.
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