| 3261 |
Section
43. Subsection (17) of section 719.103, Florida |
| 3262 |
Statutes, is amended to
read: |
| 3263 |
719.103 Definitions.--As
used in this chapter: |
| 3264 |
(17) "Division"
means the Division of Florida Land Sales, |
| 3265 |
Condominiums, Homeowners'
Associations, and Mobile Homes of the |
| 3266 |
Department of Business
and Professional Regulation. |
| 3267 |
Section
44. Subsection (7) is added to section 719.1055, |
| 3268 |
Florida Statutes, to
read: |
| 3269 |
719.1055 Amendment
of cooperative documents; alteration |
| 3270 |
and acquisition of
property.-- |
| 3271 |
(7) Any
amendment restricting cooperative owners' rights |
| 3272 |
relating to the rental
of units applies only to unit owners who |
| 3273 |
consent to the
amendment and unit owners who purchase their |
| 3274 |
units after the
effective date of that amendment. |
| 3275 |
Section
45. Section 719.1255, Florida Statutes, is amended |
| 3276 |
to read: |
| 3277 |
719.1255 Alternative
resolution of disputes.--The Division |
| 3278 |
of Florida Land Sales,
Condominiums, Homeowners' Associations, |
| 3279 |
and Mobile Homes of the
Department of Business and Professional |
| 3280 |
Regulation shall provide
for alternative dispute resolution in |
| 3281 |
accordance with s.
718.1255. |
| 3282 |
Section
46. Section 719.501, Florida Statutes, is amended |
| 3283 |
to read: |
| 3284 |
719.501 Powers
and duties of Division of Florida Land |
| 3285 |
Sales, Condominiums, Homeowners'
Associations, and Mobile |
| 3286 |
Homes.-- |
| 3287 |
(1) The
Division of Florida Land Sales, Condominiums, |
| 3288 |
Homeowners'
Associations, and Mobile Homes of the Department of |
| 3289 |
Business and Professional
Regulation, referred to as the |
| 3290 |
"division" in
this part, in addition to other powers and duties |
| 3291 |
prescribed by chapter
498, has the power to enforce and ensure |
| 3292 |
compliance with the
provisions of this chapter and rules |
| 3293 |
promulgated pursuant
hereto relating to the development, |
| 3294 |
construction, sale,
lease, ownership, operation, and management |
| 3295 |
of residential
cooperative units. In performing its duties, the |
| 3296 |
division shall have the
following powers and duties: |
| 3297 |
(a) The
division may make necessary public or private |
| 3298 |
investigations within or
outside this state to determine whether |
| 3299 |
any person has violated
this chapter or any rule or order |
| 3300 |
hereunder, to aid in the
enforcement of this chapter, or to aid |
| 3301 |
in the adoption of rules
or forms hereunder. |
| 3302 |
(b) The
division may require or permit any person to file |
| 3303 |
a statement in writing,
under oath or otherwise, as the division |
| 3304 |
determines, as to the
facts and circumstances concerning a |
| 3305 |
matter to be
investigated. |
| 3306 |
(c) For
the purpose of any investigation under this |
| 3307 |
chapter, the division
director or any officer or employee |
| 3308 |
designated by the
division director may administer oaths or |
| 3309 |
affirmations, subpoena
witnesses and compel their attendance, |
| 3310 |
take evidence, and
require the production of any matter which is |
| 3311 |
relevant to the
investigation, including the existence, |
| 3312 |
description, nature,
custody, condition, and location of any |
| 3313 |
books, documents, or
other tangible things and the identity and |
| 3314 |
location of persons
having knowledge of relevant facts or any |
| 3315 |
other matter reasonably
calculated to lead to the discovery of |
| 3316 |
material evidence. Upon
failure by a person to obey a subpoena |
| 3317 |
or to answer questions
propounded by the investigating officer |
| 3318 |
and upon reasonable
notice to all persons affected thereby, the |
| 3319 |
division may apply to the
circuit court for an order compelling |
| 3320 |
compliance. |
| 3321 |
(d) Notwithstanding
any remedies available to unit owners |
| 3322 |
and associations, if the
division has reasonable cause to |
| 3323 |
believe that a violation
of any provision of this chapter or |
| 3324 |
rule promulgated pursuant
hereto has occurred, the division may |
| 3325 |
institute enforcement
proceedings in its own name against a |
| 3326 |
developer, association,
officer, or member of the board, or its |
| 3327 |
assignees or agents, as
follows: |
| 3328 |
1. The
division may permit a person whose conduct or |
| 3329 |
actions may be under
investigation to waive formal proceedings |
| 3330 |
and enter into a consent
proceeding whereby orders, rules, or |
| 3331 |
letters of censure or
warning, whether formal or informal, may |
| 3332 |
be entered against the
person. |
| 3333 |
2. The
division may issue an order requiring the |
| 3334 |
developer, association,
officer, or member of the board, or its |
| 3335 |
assignees or agents, to
cease and desist from the unlawful |
| 3336 |
practice and take such
affirmative action as in the judgment of |
| 3337 |
the division will carry
out the purposes of this chapter. Such |
| 3338 |
affirmative action may
include, but is not limited to, an order |
| 3339 |
requiring a developer to
pay moneys determined to be owed to a |
| 3340 |
condominium association. |
| 3341 |
3. The
division may bring an action in circuit court on |
| 3342 |
behalf of a class of unit
owners, lessees, or purchasers for |
| 3343 |
declaratory relief,
injunctive relief, or restitution. |
| 3344 |
4. The
division may impose a civil penalty against a |
| 3345 |
developer or association,
or its assignees or agents, for any |
| 3346 |
violation of this chapter
or a rule promulgated pursuant hereto. |
| 3347 |
The division may impose a
civil penalty individually against any |
| 3348 |
officer or board member
who willfully and knowingly violates a |
| 3349 |
provision of this
chapter, a rule adopted pursuant to this |
| 3350 |
chapter, or a final order
of the division. The term "willfully |
| 3351 |
and knowingly" means
that the division informed the officer or |
| 3352 |
board member that his or
her action or intended action violates |
| 3353 |
this chapter, a rule
adopted under this chapter, or a final |
| 3354 |
order of the division,
and that the officer or board member |
| 3355 |
refused to comply with
the requirements of this chapter, a rule |
| 3356 |
adopted under this
chapter, or a final order of the division. |
| 3357 |
The division, prior to
initiating formal agency action under |
| 3358 |
chapter 120, shall afford
the officer or board member an |
| 3359 |
opportunity to
voluntarily comply with this chapter, a rule |
| 3360 |
adopted under this
chapter, or a final order of the division. An |
| 3361 |
officer or board member
who complies within 10 days is not |
| 3362 |
subject to a civil
penalty. A penalty may be imposed on the |
| 3363 |
basis of each day of
continuing violation, but in no event shall |
| 3364 |
the penalty for any
offense exceed $5,000. By January 1, 1998, |
| 3365 |
the division shall adopt,
by rule, penalty guidelines applicable |
| 3366 |
to possible violations or
to categories of violations of this |
| 3367 |
chapter or rules adopted
by the division. The guidelines must |
| 3368 |
specify a meaningful
range of civil penalties for each such |
| 3369 |
violation of the statute
and rules and must be based upon the |
| 3370 |
harm caused by the
violation, the repetition of the violation, |
| 3371 |
and upon such other
factors deemed relevant by the division. For |
| 3372 |
example, the division may
consider whether the violations were |
| 3373 |
committed by a developer
or owner-controlled association, the |
| 3374 |
size of the association,
and other factors. The guidelines must |
| 3375 |
designate the possible
mitigating or aggravating circumstances |
| 3376 |
that justify a departure
from the range of penalties provided by |
| 3377 |
the rules. It is the
legislative intent that minor violations be |
| 3378 |
distinguished from those
which endanger the health, safety, or |
| 3379 |
welfare of the
cooperative residents or other persons and that |
| 3380 |
such guidelines provide
reasonable and meaningful notice to the |
| 3381 |
public of likely
penalties that may be imposed for proscribed |
| 3382 |
conduct. This subsection
does not limit the ability of the |
| 3383 |
division to informally
dispose of administrative actions or |
| 3384 |
complaints by
stipulation, agreed settlement, or consent order. |
| 3385 |
All amounts collected
shall be deposited with the Chief |
| 3386 |
Financial Officer to the
credit of the Division of Florida Land |
| 3387 |
Sales, Condominiums, Homeowners'
Associations, and Mobile Homes |
| 3388 |
Trust Fund. If a
developer fails to pay the civil penalty, the |
| 3389 |
division shall thereupon
issue an order directing that such |
| 3390 |
developer cease and
desist from further operation until such |
| 3391 |
time as the civil penalty
is paid or may pursue enforcement of |
| 3392 |
the penalty in a court of
competent jurisdiction. If an |
| 3393 |
association fails to pay
the civil penalty, the division shall |
| 3394 |
thereupon pursue
enforcement in a court of competent |
| 3395 |
jurisdiction, and the
order imposing the civil penalty or the |
| 3396 |
cease and desist order
shall not become effective until 20 days |
| 3397 |
after the date of such
order. Any action commenced by the |
| 3398 |
division shall be brought
in the county in which the division |
| 3399 |
has its executive offices
or in the county where the violation |
| 3400 |
occurred. |
| 3401 |
(e) The
division is authorized to prepare and disseminate |
| 3402 |
a prospectus and other
information to assist prospective owners, |
| 3403 |
purchasers, lessees, and
developers of residential cooperatives |
| 3404 |
in assessing the rights,
privileges, and duties pertaining |
| 3405 |
thereto. |
| 3406 |
(f) The
division has authority to adopt rules pursuant to |
| 3407 |
ss. 120.536(1) and 120.54
to implement and enforce the |
| 3408 |
provisions of this
chapter. |
| 3409 |
(g) The
division shall establish procedures for providing |
| 3410 |
notice to an association
when the division is considering the |
| 3411 |
issuance of a declaratory
statement with respect to the |
| 3412 |
cooperative documents
governing such cooperative community. |
| 3413 |
(h) The
division shall furnish each association which pays |
| 3414 |
the fees required by
paragraph (2)(a) a copy of this act, |
| 3415 |
subsequent changes to
this act on an annual basis, an amended |
| 3416 |
version of this act as it
becomes available from the Secretary |
| 3417 |
of State's office on a
biennial basis, and the rules promulgated |
| 3418 |
pursuant thereto on an
annual basis. |
| 3419 |
(i) The
division shall annually provide each association |
| 3420 |
with a summary of
declaratory statements and formal legal |
| 3421 |
opinions relating to the
operations of cooperatives which were |
| 3422 |
rendered by the division
during the previous year. |
| 3423 |
(j) The
division shall adopt uniform accounting |
| 3424 |
principles, policies, and
standards to be used by all |
| 3425 |
associations in the
preparation and presentation of all |
| 3426 |
financial statements
required by this chapter. The principles, |
| 3427 |
policies, and standards
shall take into consideration the size |
| 3428 |
of the association and
the total revenue collected by the |
| 3429 |
association. |
| 3430 |
(k) The
division shall provide training programs for |
| 3431 |
cooperative association
board members and unit owners. |
| 3432 |
(l) The
division shall maintain a toll-free telephone |
| 3433 |
number accessible to
cooperative unit owners. |
| 3434 |
(m) When
a complaint is made to the division, the division |
| 3435 |
shall conduct its inquiry
with reasonable dispatch and with due |
| 3436 |
regard to the interests
of the affected parties. Within 30 days |
| 3437 |
after receipt of a
complaint, the division shall acknowledge the |
| 3438 |
complaint in writing and
notify the complainant whether the |
| 3439 |
complaint is within the
jurisdiction of the division and whether |
| 3440 |
additional information is
needed by the division from the |
| 3441 |
complainant. The division
shall conduct its investigation and |
| 3442 |
shall, within 90 days
after receipt of the original complaint or |
| 3443 |
timely requested
additional information, take action upon the |
| 3444 |
complaint. However, the
failure to complete the investigation |
| 3445 |
within 90 days does not
prevent the division from continuing the |
| 3446 |
investigation, accepting
or considering evidence obtained or |
| 3447 |
received after 90 days,
or taking administrative action if |
| 3448 |
reasonable cause exists
to believe that a violation of this |
| 3449 |
chapter or a rule of the
division has occurred. If an |
| 3450 |
investigation is not
completed within the time limits |
| 3451 |
established in this
paragraph, the division shall, on a monthly |
| 3452 |
basis, notify the
complainant in writing of the status of the |
| 3453 |
investigation. When
reporting its action to the complainant, the |
| 3454 |
division shall inform the
complainant of any right to a hearing |
| 3455 |
pursuant to ss. 120.569
and 120.57. |
| 3456 |
(n) The
division shall develop a program to certify both |
| 3457 |
volunteer and paid
mediators to provide mediation of cooperative |
| 3458 |
disputes. The division
shall provide, upon request, a list of |
| 3459 |
such mediators to any
association, unit owner, or other |
| 3460 |
participant in
arbitration proceedings under s. 718.1255 |
| 3461 |
requesting a copy of the
list. The division shall include on the |
| 3462 |
list of voluntary
mediators only persons who have received at |
| 3463 |
least 20 hours of
training in mediation techniques or have |
| 3464 |
mediated at least 20
disputes. In order to become initially |
| 3465 |
certified by the
division, paid mediators must be certified by |
| 3466 |
the Supreme Court to
mediate court cases in either county or |
| 3467 |
circuit courts. However,
the division may adopt, by rule, |
| 3468 |
additional factors for
the certification of paid mediators, |
| 3469 |
which factors must be
related to experience, education, or |
| 3470 |
background. Any person
initially certified as a paid mediator by |
| 3471 |
the division must, in
order to continue to be certified, comply |
| 3472 |
with the factors or
requirements imposed by rules adopted by the |
| 3473 |
division. |
| 3474 |
(2)(a) Each
cooperative association shall pay to the |
| 3475 |
division, on or before
January 1 of each year, an annual fee in |
| 3476 |
the amount of $4 for each
residential unit in cooperatives |
| 3477 |
operated by the
association. If the fee is not paid by March 1, |
| 3478 |
then the association
shall be assessed a penalty of 10 percent |
| 3479 |
of the amount due, and
the association shall not have the |
| 3480 |
standing to maintain or
defend any action in the courts of this |
| 3481 |
state until the amount
due is paid. |
| 3482 |
(b) All
fees shall be deposited in the Division of Florida |
| 3483 |
Land Sales, Condominiums,
Homeowners' Associations, and Mobile |
| 3484 |
Homes Trust Fund as
provided by law. |
| 3485 |
Section
47. Paragraph (a) of subsection (2) of section |
| 3486 |
719.502, Florida
Statutes, is amended to read: |
| 3487 |
719.502 Filing
prior to sale or lease.-- |
| 3488 |
(2)(a) Prior
to filing as required by subsection (1), and |
| 3489 |
prior to acquiring an
ownership, leasehold, or contractual |
| 3490 |
interest in the land upon
which the cooperative is to be |
| 3491 |
developed, a developer
shall not offer a contract for purchase |
| 3492 |
or lease of a unit for
more than 5 years. However, the developer |
| 3493 |
may accept deposits for
reservations upon the approval of a |
| 3494 |
fully executed escrow
agreement and reservation agreement form |
| 3495 |
properly filed with the
Division of Florida Land Sales, |
| 3496 |
Condominiums, Homeowners'
Associations, and Mobile Homes. Each |
| 3497 |
filing of a proposed
reservation program shall be accompanied by |
| 3498 |
a filing fee of $250.
Reservations shall not be taken on a |
| 3499 |
proposed cooperative
unless the developer has an ownership, |
| 3500 |
leasehold, or contractual
interest in the land upon which the |
| 3501 |
cooperative is to be
developed. The division shall notify the |
| 3502 |
developer within 20 days
of receipt of the reservation filing of |
| 3503 |
any deficiencies
contained therein. Such notification shall not |
| 3504 |
preclude the
determination of reservation filing deficiencies at |
| 3505 |
a later date, nor shall
it relieve the developer of any |
| 3506 |
responsibility under the
law. The escrow agreement and the |
| 3507 |
reservation agreement
form shall include a statement of the |
| 3508 |
right of the prospective
purchaser to an immediate unqualified |
| 3509 |
refund of the reservation
deposit moneys upon written request to |
| 3510 |
the escrow agent by the
prospective purchaser or the developer. |
| 3511 |
Section
48. Section 719.504, Florida Statutes, is amended |
| 3512 |
to read: |
| 3513 |
719.504 Prospectus
or offering circular.--Every developer |
| 3514 |
of a residential
cooperative which contains more than 20 |
| 3515 |
residential units, or
which is part of a group of residential |
| 3516 |
cooperatives which will
be served by property to be used in |
| 3517 |
common by unit owners of
more than 20 residential units, shall |
| 3518 |
prepare a prospectus or
offering circular and file it with the |
| 3519 |
Division of Florida Land
Sales, Condominiums, Homeowners' |
| 3520 |
Associations, and
Mobile Homes prior to entering into an |
| 3521 |
enforceable contract of
purchase and sale of any unit or lease |
| 3522 |
of a unit for more than 5
years and shall furnish a copy of the |
| 3523 |
prospectus or offering
circular to each buyer. In addition to |
| 3524 |
the prospectus or
offering circular, each buyer shall be |
| 3525 |
furnished a separate page
entitled "Frequently Asked Questions |
| 3526 |
and Answers," which
must be in accordance with a format approved |
| 3527 |
by the division. This
page must, in readable language: inform |
| 3528 |
prospective purchasers
regarding their voting rights and unit |
| 3529 |
use restrictions,
including restrictions on the leasing of a |
| 3530 |
unit; indicate whether
and in what amount the unit owners or the |
| 3531 |
association is obligated
to pay rent or land use fees for |
| 3532 |
recreational or other
commonly used facilities; contain a |
| 3533 |
statement identifying
that amount of assessment which, pursuant |
| 3534 |
to the budget, would be
levied upon each unit type, exclusive of |
| 3535 |
any special assessments,
and which identifies the basis upon |
| 3536 |
which assessments are
levied, whether monthly, quarterly, or |
| 3537 |
otherwise; state and
identify any court cases in which the |
| 3538 |
association is currently
a party of record in which the |
| 3539 |
association may face
liability in excess of $100,000; and state |
| 3540 |
whether membership in a
recreational facilities association is |
| 3541 |
mandatory and, if so,
identify the fees currently charged per |
| 3542 |
unit type. The division
shall by rule require such other |
| 3543 |
disclosure as in its
judgment will assist prospective |
| 3544 |
purchasers. The
prospectus or offering circular may include more |
| 3545 |
than one cooperative,
although not all such units are being |
| 3546 |
offered for sale as of
the date of the prospectus or offering |
| 3547 |
circular. The prospectus
or offering circular must contain the |
| 3548 |
following information: |
| 3549 |
(1) The
front cover or the first page must contain only: |
| 3550 |
(a) The
name of the cooperative. |
| 3551 |
(b) The
following statements in conspicuous type: |
| 3552 |
1. THIS
PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT |
| 3553 |
MATTERS TO BE CONSIDERED
IN ACQUIRING A COOPERATIVE UNIT. |
| 3554 |
2. THE
STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN |
| 3555 |
NATURE. A PROSPECTIVE
PURCHASER SHOULD REFER TO ALL REFERENCES, |
| 3556 |
ALL EXHIBITS HERETO, THE
CONTRACT DOCUMENTS, AND SALES |
| 3557 |
MATERIALS. |
| 3558 |
3. ORAL
REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY |
| 3559 |
STATING THE
REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS |
| 3560 |
PROSPECTUS (OFFERING
CIRCULAR) AND ITS EXHIBITS FOR CORRECT |
| 3561 |
REPRESENTATIONS. |
| 3562 |
(2) Summary:
The next page must contain all statements |
| 3563 |
required to be in
conspicuous type in the prospectus or offering |
| 3564 |
circular. |
| 3565 |
(3) A
separate index of the contents and exhibits of the |
| 3566 |
prospectus. |
| 3567 |
(4) Beginning
on the first page of the text (not including |
| 3568 |
the summary and index), a
description of the cooperative, |
| 3569 |
including, but not
limited to, the following information: |
| 3570 |
(a) Its
name and location. |
| 3571 |
(b) A
description of the cooperative property, including, |
| 3572 |
without limitation: |
| 3573 |
1. The
number of buildings, the number of units in each |
| 3574 |
building, the number of
bathrooms and bedrooms in each unit, and |
| 3575 |
the total number of
units, if the cooperative is not a phase |
| 3576 |
cooperative; or, if the
cooperative is a phase cooperative, the |
| 3577 |
maximum number of
buildings that may be contained within the |
| 3578 |
cooperative, the minimum
and maximum number of units in each |
| 3579 |
building, the minimum and
maximum number of bathrooms and |
| 3580 |
bedrooms that may be
contained in each unit, and the maximum |
| 3581 |
number of units that may
be contained within the cooperative. |
| 3582 |
2. The
page in the cooperative documents where a copy of |
| 3583 |
the survey and plot plan
of the cooperative is located. |
| 3584 |
3. The
estimated latest date of completion of |
| 3585 |
constructing, finishing,
and equipping. In lieu of a date, a |
| 3586 |
statement that the
estimated date of completion of the |
| 3587 |
cooperative is in the
purchase agreement and a reference to the |
| 3588 |
article or paragraph
containing that information. |
| 3589 |
(c) The
maximum number of units that will use facilities |
| 3590 |
in common with the
cooperative. If the maximum number of units |
| 3591 |
will vary, a description
of the basis for variation and the |
| 3592 |
minimum amount of dollars
per unit to be spent for additional |
| 3593 |
recreational facilities
or enlargement of such facilities. If |
| 3594 |
the addition or
enlargement of facilities will result in a |
| 3595 |
material increase of a
unit owner's maintenance expense or |
| 3596 |
rental expense, if any,
the maximum increase and limitations |
| 3597 |
thereon shall be stated. |
| 3598 |
(5)(a) A
statement in conspicuous type describing whether |
| 3599 |
the cooperative is
created and being sold as fee simple |
| 3600 |
interests or as leasehold
interests. If the cooperative is |
| 3601 |
created or being sold on
a leasehold, the location of the lease |
| 3602 |
in the disclosure
materials shall be stated. |
| 3603 |
(b) If
timeshare estates are or may be created with |
| 3604 |
respect to any unit in
the cooperative, a statement in |
| 3605 |
conspicuous type stating
that timeshare estates are created and |
| 3606 |
being sold in such
specified units in the cooperative. |
| 3607 |
(6) A
description of the recreational and other common |
| 3608 |
areas that will be used
only by unit owners of the cooperative, |
| 3609 |
including, but not
limited to, the following: |
| 3610 |
(a) Each
room and its intended purposes, location, |
| 3611 |
approximate floor area,
and capacity in numbers of people. |
| 3612 |
(b) Each
swimming pool, as to its general location, |
| 3613 |
approximate size and
depths, approximate deck size and capacity, |
| 3614 |
and whether heated. |
| 3615 |
(c) Additional
facilities, as to the number of each |
| 3616 |
facility, its approximate
location, approximate size, and |
| 3617 |
approximate capacity. |
| 3618 |
(d) A
general description of the items of personal |
| 3619 |
property and the
approximate number of each item of personal |
| 3620 |
property that the
developer is committing to furnish for each |
| 3621 |
room or other facility
or, in the alternative, a representation |
| 3622 |
as to the minimum amount
of expenditure that will be made to |
| 3623 |
purchase the personal
property for the facility. |
| 3624 |
(e) The
estimated date when each room or other facility |
| 3625 |
will be available for use
by the unit owners. |
| 3626 |
(f)1. An
identification of each room or other facility to |
| 3627 |
be used by unit owners
that will not be owned by the unit owners |
| 3628 |
or the association; |
| 3629 |
2. A
reference to the location in the disclosure materials |
| 3630 |
of the lease or other
agreements providing for the use of those |
| 3631 |
facilities; and |
| 3632 |
3. A
description of the terms of the lease or other |
| 3633 |
agreements, including the
length of the term; the rent payable, |
| 3634 |
directly or indirectly,
by each unit owner, and the total rent |
| 3635 |
payable to the lessor,
stated in monthly and annual amounts for |
| 3636 |
the entire term of the
lease; and a description of any option to |
| 3637 |
purchase the property
leased under any such lease, including the |
| 3638 |
time the option may be
exercised, the purchase price or how it |
| 3639 |
is to be determined, the
manner of payment, and whether the |
| 3640 |
option may be exercised
for a unit owner's share or only as to |
| 3641 |
the entire leased
property. |
| 3642 |
(g) A
statement as to whether the developer may provide |
| 3643 |
additional facilities not
described above, their general |
| 3644 |
locations and types,
improvements or changes that may be made, |
| 3645 |
the approximate dollar
amount to be expended, and the maximum |
| 3646 |
additional common expense
or cost to the individual unit owners |
| 3647 |
that may be charged
during the first annual period of operation |
| 3648 |
of the modified or added
facilities. |
| 3649 |
|
| 3650 |
Descriptions as to
locations, areas, capacities, numbers, |
| 3651 |
volumes, or sizes may be
stated as approximations or minimums. |
| 3652 |
(7) A
description of the recreational and other facilities |
| 3653 |
that will be used in
common with other cooperatives, community |
| 3654 |
associations, or planned
developments which require the payment |
| 3655 |
of the maintenance and
expenses of such facilities, either |
| 3656 |
directly or indirectly,
by the unit owners. The description |
| 3657 |
shall include, but not be
limited to, the following: |
| 3658 |
(a) Each
building and facility committed to be built. |
| 3659 |
(b) Facilities
not committed to be built except under |
| 3660 |
certain conditions, and a
statement of those conditions or |
| 3661 |
contingencies. |
| 3662 |
(c) As
to each facility committed to be built, or which |
| 3663 |
will be committed to be
built upon the happening of one of the |
| 3664 |
conditions in paragraph
(b), a statement of whether it will be |
| 3665 |
owned by the unit owners
having the use thereof or by an |
| 3666 |
association or other
entity which will be controlled by them, or |
| 3667 |
others, and the location
in the exhibits of the lease or other |
| 3668 |
document providing for
use of those facilities. |
| 3669 |
(d) The
year in which each facility will be available for |
| 3670 |
use by the unit owners
or, in the alternative, the maximum |
| 3671 |
number of unit owners in
the project at the time each of all of |
| 3672 |
the facilities is
committed to be completed. |
| 3673 |
(e) A
general description of the items of personal |
| 3674 |
property, and the
approximate number of each item of personal |
| 3675 |
property, that the
developer is committing to furnish for each |
| 3676 |
room or other facility
or, in the alternative, a representation |
| 3677 |
as to the minimum amount
of expenditure that will be made to |
| 3678 |
purchase the personal
property for the facility. |
| 3679 |
(f) If
there are leases, a description thereof, including |
| 3680 |
the length of the term,
the rent payable, and a description of |
| 3681 |
any option to purchase. |
| 3682 |
|
| 3683 |
Descriptions shall
include location, areas, capacities, numbers, |
| 3684 |
volumes, or sizes and may
be stated as approximations or |
| 3685 |
minimums. |
| 3686 |
(8) Recreation
lease or associated club membership: |
| 3687 |
(a) If
any recreational facilities or other common areas |
| 3688 |
offered by the developer
and available to, or to be used by, |
| 3689 |
unit owners are to be
leased or have club membership associated, |
| 3690 |
the following statement
in conspicuous type shall be included: |
| 3691 |
THERE IS A RECREATIONAL
FACILITIES LEASE ASSOCIATED WITH THIS |
| 3692 |
COOPERATIVE; or, THERE IS
A CLUB MEMBERSHIP ASSOCIATED WITH THIS |
| 3693 |
COOPERATIVE. There shall
be a reference to the location in the |
| 3694 |
disclosure materials
where the recreation lease or club |
| 3695 |
membership is described
in detail. |
| 3696 |
(b) If
it is mandatory that unit owners pay a fee, rent, |
| 3697 |
dues, or other charges
under a recreational facilities lease or |
| 3698 |
club membership for the
use of facilities, there shall be in |
| 3699 |
conspicuous type the
applicable statement: |
| 3700 |
1. MEMBERSHIP
IN THE RECREATIONAL FACILITIES CLUB IS |
| 3701 |
MANDATORY FOR UNIT
OWNERS; or |
| 3702 |
2. UNIT
OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP, |
| 3703 |
TO BE LESSEES UNDER THE
RECREATIONAL FACILITIES LEASE; or |
| 3704 |
3. UNIT
OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE |
| 3705 |
COSTS AND EXPENSES OF
MAINTENANCE, MANAGEMENT, UPKEEP, |
| 3706 |
REPLACEMENT, RENT, AND
FEES UNDER THE RECREATIONAL FACILITIES |
| 3707 |
LEASE (OR THE OTHER
INSTRUMENTS PROVIDING THE FACILITIES); or |
| 3708 |
4. A
similar statement of the nature of the organization |
| 3709 |
or manner in which the
use rights are created, and that unit |
| 3710 |
owners are required to
pay. |
| 3711 |
|
| 3712 |
Immediately following the
applicable statement, the location in |
| 3713 |
the disclosure materials
where the development is described in |
| 3714 |
detail shall be stated. |
| 3715 |
(c) If
the developer, or any other person other than the |
| 3716 |
unit owners and other
persons having use rights in the |
| 3717 |
facilities, reserves, or
is entitled to receive, any rent, fee, |
| 3718 |
or other payment for the
use of the facilities, then there shall |
| 3719 |
be the following
statement in conspicuous type: THE UNIT OWNERS |
| 3720 |
OR THE ASSOCIATION(S)
MUST PAY RENT OR LAND USE FEES FOR |
| 3721 |
RECREATIONAL OR OTHER
COMMON AREAS. Immediately following this |
| 3722 |
statement, the location
in the disclosure materials where the |
| 3723 |
rent or land use fees are
described in detail shall be stated. |
| 3724 |
(d) If,
in any recreation format, whether leasehold, club, |
| 3725 |
or other, any person
other than the association has the right to |
| 3726 |
a lien on the units to
secure the payment of assessments, rent, |
| 3727 |
or other exactions, there
shall appear a statement in |
| 3728 |
conspicuous type in
substantially the following form: |
| 3729 |
1. THERE
IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO |
| 3730 |
SECURE THE PAYMENT OF
RENT AND OTHER EXACTIONS UNDER THE |
| 3731 |
RECREATION LEASE. THE
UNIT OWNER'S FAILURE TO MAKE THESE |
| 3732 |
PAYMENTS MAY RESULT IN
FORECLOSURE OF THE LIEN; or |
| 3733 |
2. THERE
IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO |
| 3734 |
SECURE THE PAYMENT OF
ASSESSMENTS OR OTHER EXACTIONS COMING DUE |
| 3735 |
FOR THE USE, MAINTENANCE,
UPKEEP, OR REPAIR OF THE RECREATIONAL |
| 3736 |
OR COMMONLY USED AREAS.
THE UNIT OWNER'S FAILURE TO MAKE THESE |
| 3737 |
PAYMENTS MAY RESULT IN
FORECLOSURE OF THE LIEN. |
| 3738 |
|
| 3739 |
Immediately following the
applicable statement, the location in |
| 3740 |
the disclosure materials
where the lien or lien right is |
| 3741 |
described in detail shall
be stated. |
| 3742 |
(9) If
the developer or any other person has the right to |
| 3743 |
increase or add to the
recreational facilities at any time after |
| 3744 |
the establishment of the
cooperative whose unit owners have use |
| 3745 |
rights therein, without
the consent of the unit owners or |
| 3746 |
associations being
required, there shall appear a statement in |
| 3747 |
conspicuous type in
substantially the following form: |
| 3748 |
RECREATIONAL FACILITIES
MAY BE EXPANDED OR ADDED WITHOUT CONSENT |
| 3749 |
OF UNIT OWNERS OR THE
ASSOCIATION(S). Immediately following this |
| 3750 |
statement, the location
in the disclosure materials where such |
| 3751 |
reserved rights are
described shall be stated. |
| 3752 |
(10) A
statement of whether the developer's plan includes |
| 3753 |
a program of leasing
units rather than selling them, or leasing |
| 3754 |
units and selling them
subject to such leases. If so, there |
| 3755 |
shall be a description of
the plan, including the number and |
| 3756 |
identification of the
units and the provisions and term of the |
| 3757 |
proposed leases, and a
statement in boldfaced type that: THE |
| 3758 |
UNITS MAY BE TRANSFERRED
SUBJECT TO A LEASE. |
| 3759 |
(11) The
arrangements for management of the association |
| 3760 |
and maintenance and
operation of the cooperative property and of |
| 3761 |
other property that will
serve the unit owners of the |
| 3762 |
cooperative property, and
a description of the management |
| 3763 |
contract and all other
contracts for these purposes having a |
| 3764 |
term in excess of 1 year,
including the following: |
| 3765 |
(a) The
names of contracting parties. |
| 3766 |
(b) The
term of the contract. |
| 3767 |
(c) The
nature of the services included. |
| 3768 |
(d) The
compensation, stated on a monthly and annual |
| 3769 |
basis, and provisions for
increases in the compensation. |
| 3770 |
(e) A
reference to the volumes and pages of the |
| 3771 |
cooperative documents and
of the exhibits containing copies of |
| 3772 |
such contracts. |
| 3773 |
|
| 3774 |
Copies of all described
contracts shall be attached as exhibits. |
| 3775 |
If there is a contract
for the management of the cooperative |
| 3776 |
property, then a
statement in conspicuous type in substantially |
| 3777 |
the following form shall
appear, identifying the proposed or |
| 3778 |
existing contract
manager: THERE IS (IS TO BE) A CONTRACT FOR |
| 3779 |
THE MANAGEMENT OF THE
COOPERATIVE PROPERTY WITH (NAME OF THE |
| 3780 |
CONTRACT MANAGER).
Immediately following this statement, the |
| 3781 |
location in the
disclosure materials of the contract for |
| 3782 |
management of the
cooperative property shall be stated. |
| 3783 |
(12) If
the developer or any other person or persons other |
| 3784 |
than the unit owners has
the right to retain control of the |
| 3785 |
board of administration
of the association for a period of time |
| 3786 |
which can exceed 1 year
after the closing of the sale of a |
| 3787 |
majority of the units in
that cooperative to persons other than |
| 3788 |
successors or alternate
developers, then a statement in |
| 3789 |
conspicuous type in
substantially the following form shall be |
| 3790 |
included: THE DEVELOPER
(OR OTHER PERSON) HAS THE RIGHT TO |
| 3791 |
RETAIN CONTROL OF THE
ASSOCIATION AFTER A MAJORITY OF THE UNITS |
| 3792 |
HAVE BEEN SOLD.
Immediately following this statement, the |
| 3793 |
location in the
disclosure materials where this right to control |
| 3794 |
is described in detail
shall be stated. |
| 3795 |
(13) If
there are any restrictions upon the sale, |
| 3796 |
transfer, conveyance, or
leasing of a unit, then a statement in |
| 3797 |
conspicuous type in
substantially the following form shall be |
| 3798 |
included: THE SALE,
LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR |
| 3799 |
CONTROLLED. Immediately
following this statement, the location |
| 3800 |
in the disclosure
materials where the restriction, limitation, |
| 3801 |
or control on the sale,
lease, or transfer of units is described |
| 3802 |
in detail shall be
stated. |
| 3803 |
(14) If
the cooperative is part of a phase project, the |
| 3804 |
following shall be
stated: |
| 3805 |
(a) A
statement in conspicuous type in substantially the |
| 3806 |
following form shall be
included: THIS IS A PHASE COOPERATIVE. |
| 3807 |
ADDITIONAL LAND AND UNITS
MAY BE ADDED TO THIS COOPERATIVE. |
| 3808 |
Immediately following
this statement, the location in the |
| 3809 |
disclosure materials
where the phasing is described shall be |
| 3810 |
stated. |
| 3811 |
(b) A
summary of the provisions of the declaration |
| 3812 |
providing for the
phasing. |
| 3813 |
(c) A
statement as to whether or not residential buildings |
| 3814 |
and units which are added
to the cooperative may be |
| 3815 |
substantially different
from the residential buildings and units |
| 3816 |
originally in the
cooperative, and, if the added residential |
| 3817 |
buildings and units may
be substantially different, there shall |
| 3818 |
be a general description
of the extent to which such added |
| 3819 |
residential buildings and
units may differ, and a statement in |
| 3820 |
conspicuous type in
substantially the following form shall be |
| 3821 |
included: BUILDINGS AND
UNITS WHICH ARE ADDED TO THE COOPERATIVE |
| 3822 |
MAY BE SUBSTANTIALLY
DIFFERENT FROM THE OTHER BUILDINGS AND |
| 3823 |
UNITS IN THE COOPERATIVE.
Immediately following this statement, |
| 3824 |
the location in the
disclosure materials where the extent to |
| 3825 |
which added residential
buildings and units may substantially |
| 3826 |
differ is described shall
be stated. |
| 3827 |
(d) A
statement of the maximum number of buildings |
| 3828 |
containing units, the
maximum and minimum number of units in |
| 3829 |
each building, the
maximum number of units, and the minimum and |
| 3830 |
maximum square footage of
the units that may be contained within |
| 3831 |
each parcel of land which
may be added to the cooperative. |
| 3832 |
(15) If
the cooperative is created by conversion of |
| 3833 |
existing improvements,
the following information shall be |
| 3834 |
stated: |
| 3835 |
(a) The
information required by s. 719.616. |
| 3836 |
(b) A
caveat that there are no express warranties unless |
| 3837 |
they are stated in
writing by the developer. |
| 3838 |
(16) A
summary of the restrictions, if any, to be imposed |
| 3839 |
on units concerning the
use of any of the cooperative property, |
| 3840 |
including statements as
to whether there are restrictions upon |
| 3841 |
children and pets, and
reference to the volumes and pages of the |
| 3842 |
cooperative documents
where such restrictions are found, or if |
| 3843 |
such restrictions are
contained elsewhere, then a copy of the |
| 3844 |
documents containing the
restrictions shall be attached as an |
| 3845 |
exhibit. |
| 3846 |
(17) If
there is any land that is offered by the developer |
| 3847 |
for use by the unit
owners and that is neither owned by them nor |
| 3848 |
leased to them, the
association, or any entity controlled by |
| 3849 |
unit owners and other
persons having the use rights to such |
| 3850 |
land, a statement shall
be made as to how such land will serve |
| 3851 |
the cooperative. If any
part of such land will serve the |
| 3852 |
cooperative, the
statement shall describe the land and the |
| 3853 |
nature and term of
service, and the cooperative documents or |
| 3854 |
other instrument creating
such servitude shall be included as an |
| 3855 |
exhibit. |
| 3856 |
(18) The
manner in which utility and other services, |
| 3857 |
including, but not
limited to, sewage and waste disposal, water |
| 3858 |
supply, and storm
drainage, will be provided and the person or |
| 3859 |
entity furnishing them. |
| 3860 |
(19) An
explanation of the manner in which the |
| 3861 |
apportionment of common
expenses and ownership of the common |
| 3862 |
areas have been
determined. |
| 3863 |
(20) An
estimated operating budget for the cooperative and |
| 3864 |
the association, and a
schedule of the unit owner's expenses |
| 3865 |
shall be attached as an
exhibit and shall contain the following |
| 3866 |
information: |
| 3867 |
(a) The
estimated monthly and annual expenses of the |
| 3868 |
cooperative and the
association that are collected from unit |
| 3869 |
owners by assessments. |
| 3870 |
(b) The
estimated monthly and annual expenses of each unit |
| 3871 |
owner for a unit, other
than assessments payable to the |
| 3872 |
association, payable by
the unit owner to persons or entities |
| 3873 |
other than the
association, and the total estimated monthly and |
| 3874 |
annual expense. There may
be excluded from this estimate |
| 3875 |
expenses that are
personal to unit owners, which are not |
| 3876 |
uniformly incurred by all
unit owners, or which are not provided |
| 3877 |
for or contemplated by
the cooperative documents, including, but |
| 3878 |
not limited to, the costs
of private telephone; maintenance of |
| 3879 |
the interior of
cooperative units, which is not the obligation |
| 3880 |
of the association; maid
or janitorial services privately |
| 3881 |
contracted for by the
unit owners; utility bills billed directly |
| 3882 |
to each unit owner for
utility services to his or her unit; |
| 3883 |
insurance premiums other
than those incurred for policies |
| 3884 |
obtained by the
cooperative; and similar personal expenses of |
| 3885 |
the unit owner. A unit
owner's estimated payments for |
| 3886 |
assessments shall also be
stated in the estimated amounts for |
| 3887 |
the times when they will
be due. |
| 3888 |
(c) The
estimated items of expenses of the cooperative and |
| 3889 |
the association, except
as excluded under paragraph (b), |
| 3890 |
including, but not
limited to, the following items, which shall |
| 3891 |
be stated either as an
association expense collectible by |
| 3892 |
assessments or as unit
owners' expenses payable to persons other |
| 3893 |
than the association: |
| 3894 |
1. Expenses
for the association and cooperative: |
| 3895 |
a. Administration
of the association. |
| 3896 |
b. Management
fees. |
| 3897 |
c. Maintenance. |
| 3898 |
d. Rent
for recreational and other commonly used areas. |
| 3899 |
e. Taxes
upon association property. |
| 3900 |
f. Taxes
upon leased areas. |
| 3901 |
g. Insurance. |
| 3902 |
h. Security
provisions. |
| 3903 |
i. Other
expenses. |
| 3904 |
j. Operating
capital. |
| 3905 |
k. Reserves. |
| 3906 |
l. Fee
payable to the division. |
| 3907 |
2. Expenses
for a unit owner: |
| 3908 |
a. Rent
for the unit, if subject to a lease. |
| 3909 |
b. Rent
payable by the unit owner directly to the lessor |
| 3910 |
or agent under any
recreational lease or lease for the use of |
| 3911 |
commonly used areas,
which use and payment are a mandatory |
| 3912 |
condition of ownership
and are not included in the common |
| 3913 |
expense or assessments
for common maintenance paid by the unit |
| 3914 |
owners to the
association. |
| 3915 |
(d) The
estimated amounts shall be stated for a period of |
| 3916 |
at least 12 months and
may distinguish between the period prior |
| 3917 |
to the time unit owners
other than the developer elect a |
| 3918 |
majority of the board of
administration and the period after |
| 3919 |
that date. |
| 3920 |
(21) A
schedule of estimated closing expenses to be paid |
| 3921 |
by a buyer or lessee of a
unit and a statement of whether title |
| 3922 |
opinion or title
insurance policy is available to the buyer and, |
| 3923 |
if so, at whose expense. |
| 3924 |
(22) The
identity of the developer and the chief operating |
| 3925 |
officer or principal
directing the creation and sale of the |
| 3926 |
cooperative and a
statement of its and his or her experience in |
| 3927 |
this field. |
| 3928 |
(23) Copies
of the following, to the extent they are |
| 3929 |
applicable, shall be
included as exhibits: |
| 3930 |
(a) The
cooperative documents, or the proposed cooperative |
| 3931 |
documents if the
documents have not been recorded. |
| 3932 |
(b) The
articles of incorporation creating the |
| 3933 |
association. |
| 3934 |
(c) The
bylaws of the association. |
| 3935 |
(d) The
ground lease or other underlying lease of the |
| 3936 |
cooperative. |
| 3937 |
(e) The
management agreement and all maintenance and other |
| 3938 |
contracts for management
of the association and operation of the |
| 3939 |
cooperative and
facilities used by the unit owners having a |
| 3940 |
service term in excess of
1 year. |
| 3941 |
(f) The
estimated operating budget for the cooperative and |
| 3942 |
the required schedule of
unit owners' expenses. |
| 3943 |
(g) A
copy of the floor plan of the unit and the plot plan |
| 3944 |
showing the location of
the residential buildings and the |
| 3945 |
recreation and other
common areas. |
| 3946 |
(h) The
lease of recreational and other facilities that |
| 3947 |
will be used only by unit
owners of the subject cooperative. |
| 3948 |
(i) The
lease of facilities used by owners and others. |
| 3949 |
(j) The
form of unit lease, if the offer is of a |
| 3950 |
leasehold. |
| 3951 |
(k) A
declaration of servitude of properties serving the |
| 3952 |
cooperative but not owned
by unit owners or leased to them or |
| 3953 |
the association. |
| 3954 |
(l) The
statement of condition of the existing building or |
| 3955 |
buildings, if the
offering is of units in an operation being |
| 3956 |
converted to cooperative
ownership. |
| 3957 |
(m) The
statement of inspection for termite damage and |
| 3958 |
treatment of the existing
improvements, if the cooperative is a |
| 3959 |
conversion. |
| 3960 |
(n) The
form of agreement for sale or lease of units. |
| 3961 |
(o) A
copy of the agreement for escrow of payments made to |
| 3962 |
the developer prior to
closing. |
| 3963 |
(p) A
copy of the documents containing any restrictions on |
| 3964 |
use of the property
required by subsection (16). |
| 3965 |
(24) Any
prospectus or offering circular complying with |
| 3966 |
the provisions of former
ss. 711.69 and 711.802 may continue to |
| 3967 |
be used without
amendment, or may be amended to comply with the |
| 3968 |
provisions of this
chapter. |
| 3969 |
(25) A
brief narrative description of the location and |
| 3970 |
effect of all existing
and intended easements located or to be |
| 3971 |
located on the
cooperative property other than those in the |
| 3972 |
declaration. |
| 3973 |
(26) If
the developer is required by state or local |
| 3974 |
authorities to obtain
acceptance or approval of any dock or |
| 3975 |
marina facility intended
to serve the cooperative, a copy of |
| 3976 |
such acceptance or
approval acquired by the time of filing with |
| 3977 |
the division pursuant to
s. 719.502 or a statement that such |
| 3978 |
acceptance has not been
acquired or received. |
| 3979 |
(27) Evidence
demonstrating that the developer has an |
| 3980 |
ownership, leasehold, or
contractual interest in the land upon |
| 3981 |
which the cooperative is
to be developed. |
| 3982 |
Section
49. Section 719.508, Florida Statutes, is amended |
| 3983 |
to read: |
| 3984 |
719.508 Regulation
by Division of Hotels and |
| 3985 |
Restaurants.--In addition
to the authority, regulation, or |
| 3986 |
control exercised by the
Division of Florida Land Sales, |
| 3987 |
Condominiums, Homeowners'
Associations, and Mobile Homes |
| 3988 |
pursuant to this act with
respect to cooperatives, buildings |
| 3989 |
included in a cooperative
property shall be subject to the |
| 3990 |
authority, regulation, or
control of the Division of Hotels and |
| 3991 |
Restaurants of the
Department of Business and Professional |
| 3992 |
Regulation, to the extent
provided for in chapters 399 and 509. |
| 3993 |
Section
50. Paragraph (a) of subsection (2) of section |
| 3994 |
719.608, Florida
Statutes, is amended to read: |
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719.608 Notice
of intended conversion; time of delivery; |
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content.-- |
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(2)(a) Each
notice of intended conversion shall be dated |
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and in writing. The
notice shall contain the following |
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statement, with the
phrases of the following statement which |
| 4000 |
appear in upper case
printed in conspicuous type: |
| 4001 |
|
| 4002 |
These
apartments are being converted to cooperative by |
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(name of developer) ,
the developer. |
| 4004 |
1. YOU
MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF |
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YOUR RENTAL AGREEMENT.
FURTHER, YOU MAY EXTEND YOUR RENTAL |
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AGREEMENT AS FOLLOWS: |
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a. If
you have continuously been a resident of these |
| 4008 |
apartments during the
last 180 days and your rental agreement |
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expires during the next
270 days, you may extend your rental |
| 4010 |
agreement for up to 270
days after the date of this notice. |
| 4011 |
b. If
you have not been a continuous resident of these |
| 4012 |
apartments for the last
180 days and your rental agreement |
| 4013 |
expires during the next
180 days, you may extend your rental |
| 4014 |
agreement for up to 180
days after the date of this notice. |
| 4015 |
c. IN
ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU |
| 4016 |
MUST GIVE THE DEVELOPER
WRITTEN NOTICE WITHIN 45 DAYS AFTER THE |
| 4017 |
DATE OF THIS NOTICE. |
| 4018 |
2. IF
YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS, |
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you may extend your
rental agreement for up to 45 days after the |
| 4020 |
date of this notice while
you decide whether to extend your |
| 4021 |
rental agreement as
explained above. To do so, you must notify |
| 4022 |
the developer in writing.
You will then have the full 45 days to |
| 4023 |
decide whether to extend
your rental agreement as explained |
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above. |
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3. During
the extension of your rental agreement you will |
| 4026 |
be charged the same rent
that you are now paying. |
| 4027 |
4. YOU
MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION |
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OF THE RENTAL AGREEMENT
AS FOLLOWS: |
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a. If
your rental agreement began or was extended or |
| 4030 |
renewed after May 1,
1980, and your rental agreement, including |
| 4031 |
extensions and renewals,
has an unexpired term of 180 days or |
| 4032 |
less, you may cancel your
rental agreement upon 30 days' written |
| 4033 |
notice and move. Also,
upon 30 days' written notice, you may |
| 4034 |
cancel any extension of
the rental agreement. |
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b. If
your rental agreement was not begun or was not |
| 4036 |
extended or renewed after
May 1, 1980, you may not cancel the |
| 4037 |
rental agreement without
the consent of the developer. If your |
| 4038 |
rental agreement,
including extensions and renewals, has an |
| 4039 |
unexpired term of 180
days or less, you may, however, upon 30 |
| 4040 |
days' written notice
cancel any extension of the rental |
| 4041 |
agreement. |
| 4042 |
5. All
notices must be given in writing and sent by mail, |
| 4043 |
return receipt requested,
or delivered in person to the |
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developer at this
address: (name and address of developer) . |
| 4045 |
6. If
you have continuously been a resident of these |
| 4046 |
apartments during the
last 180 days: |
| 4047 |
a. You
have the right to purchase your apartment and will |
| 4048 |
have 45 days to decide
whether to purchase. If you do not buy |
| 4049 |
the unit at that price
and the unit is later offered at a lower |
| 4050 |
price, you will have the
opportunity to buy the unit at the |
| 4051 |
lower price. However, in
all events your right to purchase the |
| 4052 |
unit ends when the rental
agreement or any extension of the |
| 4053 |
rental agreement ends or
when you waive this right in writing. |
| 4054 |
b. Within
90 days you will be provided purchase |
| 4055 |
information relating to
your apartment, including the price of |
| 4056 |
your unit and the
condition of the building. If you do not |
| 4057 |
receive this information
within 90 days, your rental agreement |
| 4058 |
and any extension will be
extended 1 day for each day over 90 |
| 4059 |
days until you are given
the purchase information. If you do not |
| 4060 |
want this rental
agreement extension, you must notify the |
| 4061 |
developer in writing. |
| 4062 |
7. If
you have any questions regarding this conversion or |
| 4063 |
the Cooperative Act, you
may contact the developer or the state |
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agency which regulates
cooperatives: The Division of Florida |
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Land Sales, Condominiums,
Homeowners' Associations, and Mobile |
| 4066 |
Homes,
(Tallahassee address and telephone number of division) |