Senate Bill 1452c1
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Florida Senate - 1998 CS for SB 1452
By the Committee on Regulated Industries and Senator Dudley
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1 A bill to be entitled
2 An act relating to condominiums and cooperative
3 property; amending ss. 718.103, 719.103, F.S.;
4 defining the term "buyer"; amending s. 721.05,
5 F.S.; conforming a cross-reference; providing
6 an effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Present subsections (5), (6), (7), (8),
11 (9), (10), (11), (12), (13), (14), (15), (16), (17), (18),
12 (19), (20), (21), (22), (23), (24), (25), (26), and (27) of
13 section 718.103, Florida Statutes, are redesignated as
14 subsections (6), (7), (8), (9), (10), (11), (12), (13), (14),
15 (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
16 (25), (26), (27) and (28), respectively, and a new subsection
17 (5) is added to that section to read:
18 718.103 Definitions.--As used in this chapter, the
19 term:
20 (5) "Buyer" means a person who purchases a
21 condominium. The term "purchaser" may be used interchangeably
22 with the term "buyer."
23 Section 2. Section 719.103, Florida Statutes, is
24 amended to read:
25 719.103 Definitions.--As used in this chapter:
26 (1) "Assessment" means a share of the funds required
27 for the payment of common expenses, which from time to time is
28 assessed against the unit owner.
29 (2) "Association" means the corporation for profit or
30 not for profit that owns the record interest in the
31 cooperative property or a leasehold of the property of a
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Florida Senate - 1998 CS for SB 1452
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1 cooperative and that is responsible for the operation of the
2 cooperative.
3 (3) "Board of administration" means the board of
4 directors or other representative body responsible for
5 administration of the association.
6 (4) "Buyer" means a person who purchases a
7 cooperative. The term "purchaser" may be used interchangeably
8 with the term "buyer."
9 (5)(4) "Bylaws" means the bylaws of the association
10 existing from time to time.
11 (6)(5) "Committee" means a group of board members,
12 unit owners, or board members and unit owners appointed by the
13 board or a member of the board to make recommendations to the
14 board regarding the association budget or take action on
15 behalf of the board.
16 (7)(6) "Common areas" means the portions of the
17 cooperative property not included in the units.
18 (8) "Common areas" includes within its meaning the
19 following:
20 (a) The cooperative property which is not included
21 within the units.
22 (b) Easements through units for conduits, ducts,
23 plumbing, wiring, and other facilities for the furnishing of
24 utility services to units and the common areas.
25 (c) An easement of support in every portion of a unit
26 which contributes to the support of a building.
27 (d) The property and installations required for the
28 furnishing of utilities and other services to more than one
29 unit or to the common areas.
30 (e) Any other part of the cooperative property
31 designated in the cooperative documents as common areas.
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Florida Senate - 1998 CS for SB 1452
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1 (9)(7) "Common expenses" means all expenses and
2 assessments properly incurred by the association for the
3 cooperative.
4 (10)(8) "Common surplus" means the excess of all
5 receipts of the association--including, but not limited to,
6 assessments, rents, profits, and revenues on account of the
7 common areas--over the amount of common expenses.
8 (11) "Conspicuous type" means type in capital letters
9 no smaller than the largest type on the page on which it
10 appears.
11 (12)(9) "Cooperative" means that form of ownership of
12 real property wherein legal title is vested in a corporation
13 or other entity and the beneficial use is evidenced by an
14 ownership interest in the association and a lease or other
15 muniment of title or possession granted by the association as
16 the owner of all the cooperative property.
17 (13)(10) "Cooperative documents" means:
18 (a) The documents that create a cooperative,
19 including, but not limited to, articles of incorporation of
20 the association, bylaws, and the ground lease or other
21 underlying lease, if any.
22 (b) The document evidencing a unit owner's membership
23 or share in the association.
24 (c) The document recognizing a unit owner's title or
25 right of possession to his or her unit.
26 (14)(11) "Cooperative parcel" means the shares or
27 other evidence of ownership in a cooperative representing an
28 undivided share in the assets of the association, together
29 with the lease or other muniment of title or possession.
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Florida Senate - 1998 CS for SB 1452
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1 (15)(12) "Cooperative property" means the lands,
2 leaseholds, and personal property owned by a cooperative
3 association.
4 (16)(13) "Developer" means a person who creates a
5 cooperative or who offers cooperative parcels for sale or
6 lease in the ordinary course of business, but does not include
7 the owner or lessee of a unit who has acquired or leased the
8 unit for his or her own occupancy, nor does it include a
9 condominium association which creates a cooperative by
10 conversion of an existing residential condominium after
11 control of the association has been transferred to the unit
12 owners if, following the conversion, the unit owners will be
13 the same persons.
14 (17) "Limited common areas" means those common areas
15 which are reserved for the use of a certain cooperative unit
16 or units to the exclusion of other units, as specified in the
17 cooperative documents.
18 (18)(14) "Operation" or "operation of the cooperative"
19 includes the administration and management of the cooperative
20 property.
21 (19) "Rental agreement" means any written agreement,
22 or oral agreement if for less duration than 1 year, providing
23 for use and occupancy of premises.
24 (20) "Residential cooperative" means a cooperative
25 consisting of cooperative units, any of which are intended for
26 use as a private residence. A cooperative is not a residential
27 cooperative if the use of the units is intended as primarily
28 commercial or industrial and not more than three units are
29 intended to be used for private residence, domicile, or
30 homestead, or if the units are intended to be used as housing
31 for maintenance, managerial, janitorial, or other operational
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Florida Senate - 1998 CS for SB 1452
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1 staff of the cooperative. If a cooperative is a residential
2 cooperative under this definition, but has units intended to
3 be commercial or industrial, then the cooperative is a
4 residential cooperative with respect to those units intended
5 for use as a private residence, domicile, or homestead, but
6 not a residential cooperative with respect to those units
7 intended for use commercially or industrially.
8 (21)(15) "Unit" means a part of the cooperative
9 property which is subject to exclusive use and possession. A
10 unit may be improvements, land, or land and improvements
11 together, as specified in the cooperative documents.
12 (22)(16) "Unit owner" or "owner of a unit" means the
13 person holding a share in the cooperative association and a
14 lease or other muniment of title or possession of a unit that
15 is granted by the association as the owner of the cooperative
16 property.
17 (17) "Residential cooperative" means a cooperative
18 consisting of cooperative units, any of which are intended for
19 use as a private residence. A cooperative is not a
20 residential cooperative if the use of the units is intended as
21 primarily commercial or industrial and not more than three
22 units are intended to be used for private residence, domicile,
23 or homestead, or if the units are intended to be used as
24 housing for maintenance, managerial, janitorial, or other
25 operational staff of the cooperative. If a cooperative is a
26 residential cooperative under this definition, but has units
27 intended to be commercial or industrial, then the cooperative
28 is a residential cooperative with respect to those units
29 intended for use as a private residence, domicile, or
30 homestead, but not a residential cooperative with respect to
31 those units intended for use commercially or industrially.
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Florida Senate - 1998 CS for SB 1452
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1 (18) "Rental agreement" means any written agreement,
2 or oral agreement if for less duration than 1 year, providing
3 for use and occupancy of premises.
4 (19) "Conspicuous type" means type in capital letters
5 no smaller than the largest type on the page on which it
6 appears.
7 (20) "Limited common areas" means those common areas
8 which are reserved for the use of a certain cooperative unit
9 or units to the exclusion of other units, as specified in the
10 cooperative documents.
11 (21) "Common areas" includes within its meaning the
12 following:
13 (a) The cooperative property which is not included
14 within the units.
15 (b) Easements through units for conduits, ducts,
16 plumbing, wiring, and other facilities for the furnishing of
17 utility services to units and the common areas.
18 (c) An easement of support in every portion of a unit
19 which contributes to the support of a building.
20 (d) The property and installations required for the
21 furnishing of utilities and other services to more than one
22 unit or to the common areas.
23 (e) Any other part of the cooperative property
24 designated in the cooperative documents as common areas.
25 Section 3. Subsection (28) of section 721.05, Florida
26 Statutes, is amended to read:
27 721.05 Definitions.--As used in this chapter, the
28 term:
29 (28) "Timeshare estate" means a right to occupy a
30 timeshare unit, coupled with a freehold estate or an estate
31 for years with a future interest in a timeshare property or a
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Florida Senate - 1998 CS for SB 1452
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1 specified portion thereof. The term shall also mean an
2 interest in a condominium unit pursuant to s. 718.103 s.
3 718.103(22).
4 Section 4. This act shall take effect upon becoming a
5 law.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 SB 1452
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10 Defines the terms "buyer" and "purchaser" to be used
interchangeably in laws relating to condominiums and
11 cooperatives.
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