2011 Florida Statute Changes and Legislation Affecting Homeowner Associations

Posted on January 9, 2012 by Wolf

These Florida Statutes and codes changed in 2011. The links “2011 Florida Statute changes affecting community associations” to the right provide more detail.

Official Records (Section 718.111(12), Florida Statutes)

Board Meetings (Section 718.112(2)(c), Florida Statutes)

Election of Directors; Unit Owner Meetings (Section 718.112(2)(d), Florida Statutes)

Hurricane Protection/Hurricane Shutters (Section 718.113(5), Florida Statutes)

Leaseholds/Membership and Other Possessory Interests (Section 718.114, Florida Statutes)

Assessments/Foreclosures (Section 718.116, Florida Statutes)

Termination (Section 718.117, Florida Statutes)

Fines/Suspension of Use Rights (Section 718.303, Florida Statutes)

Bulk Assignee/Bulk Buyer Definitions (Section 718.703, Florida Statutes)

Time Limitation (Section 718.707, Florida Statutes)

Board Meetings (Section 720.303(2), Florida Statutes)

Official Records (Section 720.303(5), Florida Statutes)

Fines/Suspension of Use Rights (Section 720.305, Florida Statutes)

Elections/Board Vacancies (Section 720.306, Florida Statutes)

Assessments/Foreclosures (Section 720.3085, Florida Statutes)

Agreements Entered into by the Association; Communication Services, Information Services and Internet Services (Section 720.309, Florida Statutes)

FLORIDA FIRE PREVENTION CODE

Fire Alarms (Section 633.0215, Florida Statutes)

A condominium, cooperative, or multifamily residential building that is less than 4 stories in height and has an exterior corridor providing a means of egress is exempt from installing a manual fire alarm system.
The exemption previously applied to buildings one or two stories in height only.

SERVICE OF PROCESS

Service of Process Generally (Section 48.031, Florida Statutes)

A gated residential community, including a condominium association or cooperative, shall grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community.

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Florida condo replacement cost appraisals required every 3 years

Posted on July 24, 2011 by Wolf

If the condo building is not covered for an amount that will adequately replace the building in the event of a total loss, there can be major problems, even if the condo building is not completely destroyed.

By not insuring for the amount the condo building is valued at, you can trigger a condo association policy’s co-insurance clause. Co-insurance states that if the insured condo association has not properly valued the replacement cost of the building, the insurance company can reduce a claim settlement to reflect the proportional amount that you insured, and then reduce it further by whatever the penalty is in the contract.

Marshall & Swift/Boeckh’s BVS software is an appropriate tool for generating insurable value estimates for your condo buildings. This is tool used by most companies that insure condo buildings. Review the input details carefully.

Don’t hire an appraiser that uses Marshall & Swift MVS books or Commercial Estimator for insurable value estimates: these are not for insurance.

If your appraisal uses the term “new construction”, or “replacement cost new” (RCN): it’s the wrong type of estimate for insurance purposes.

Source : John Nixon at asperta.com via condoassociation.com

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Posted on December 1, 2010 by Wolf

For now, this site will be a clearing house for relevant information on other websites, government and private.   Information and opinions here and on other linked sites may not apply to your situation and location, and are not intended to provide legal advice.

As an Association Board member or owner, always perform your own due diligence. Read your State statutes and Association documents. If necessary, consult an attorney specializing in community association management in your State or area.

If you need professional management for your Homeowners’ or Condominium Association in Jacksonville, Florida visit Signature Realty & Management‘s website and contact us to receive a personalized proposal.

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2010 Florida Statute Changes

Posted on November 30, 2010 by Wolf

IMPORTANT CHANGES AFFECTING ASSOCIATIONS

* CAM Management Companies / Firms must be licensed by the Department of Business and Professional Regulation/DBPR (not just the State of Florida)

* Any person or firm managing condominiums with 10+ units or a budget of $100,000 must be licensed by the DBPR

* Co-owners of a unit may not serve on the Board together, unless there is no one else qualified to serve. If the co-owners own more than one unit, than the co-owners may serve for each unit owned.

* No Association owned unit’s vote may be considered

* Owners who are 90 days or more delinquent with assessments may not serve on the Board

* Certain common element usage rights may be suspended for unit owners / and or tenants

* Past due unit owners rights may be suspended

* Any director 90 days past due in maintenance is considered to automatically have abandoned their position.

* Directors removed or suspended by the DBPR may not serve

* Records must be kept within 45 miles or within the county of the condominium

* Specific wording required to waive or reduce reserves & on proxies

* Certain religious decorations allowed

* Clarification of hurricane shutter specs and responsibility for maintenance

* Condominiums greater than 3 stories must be inspected by an architect every 5 years

* Officers, agents and members of the Board of Directors are required to adhere to a “good faith” and “reasonably prudent person standard” and provides for monetary damages and criminal penalties for breach of this standard.

source : http://www.thecondocommando.com/News–and–Events.php

Posted in Community Associations, Condominium Associations, Homeowners' Associations | 2 Comments

Posted on March 20, 2010 by Wolf

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