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  1

  2         An act relating to condominiums and

  3         cooperatives; amending s. 718.103, F.S.;

  4         defining the terms "buyer" and "division";

  5         amending s. 718.111, F.S.; providing for the

  6         operation of certain condominiums created prior

  7         to 1977 as single associations; permitting

  8         consolidated financial operation; requiring a

  9         developer-controlled association to exercise

10         due diligence to obtain and maintain insurance;

11         providing that failure to obtain and maintain

12         adequate insurance shall constitute a breach of

13         fiduciary responsibility by the

14         developer-appointed members of the board of

15         directors; requiring adequate insurance or

16         fidelity bonding to cover funds in the custody

17         of an association; providing for financial

18         reporting requirements; providing for the

19         commingling of reserve and operating funds;

20         amending s. 718.112, F.S.; providing

21         requirements for eligibility to be a candidate

22         for the board; providing for the validity of

23         certain actions by the board; amending

24         procedures for elections; amending procedures

25         for recall of board members; amending

26         procedures for mailing of notices; amending

27         procedures for annual budgets; deleting

28         fidelity bonding requirements; amending s.

29         718.115, F.S.; providing procedures that

30         allocate cable television services as a common

31         expense; amending ss. 718.503, 718.504, F.S.;


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  1         requiring disclosure of financial information;

  2         amending s. 718.116, F.S.; providing for unit

  3         owners and the developer to be assessed in

  4         accordance with their ownership interest in

  5         losses resulting from a natural disaster or an

  6         act of God; amending s. 719.103, F.S.; defining

  7         the terms "buyer" and "division"; amending s.

  8         719.1035, F.S.; requiring filing of

  9         information; amending s. 719.104, F.S.;

10         requiring notification; amending s. 719.106,

11         F.S.; providing requirements relating to

12         association meetings; amending s. 719.301,

13         F.S.; providing rulemaking authority; amending

14         s. 719.403, F.S.; requiring filing of

15         information; amending s. 719.502, F.S.;

16         providing conditions precedent to closing on a

17         contract for sale or specified contracts for

18         lease; providing rulemaking authority; amending

19         s. 719.503, F.S.; providing conditions for

20         closing within the 15-day voidability period;

21         creating s. 719.621, F.S.; providing rulemaking

22         authority; amending s. 721.05, F.S.; conforming

23         a cross-reference; amending s. 721.97, F.S. as

24         created by CS for CS for SB 626 (1998);

25         providing a 1997 statutory reference; providing

26         for contingent retroactive application;

27         providing an effective date.

28

29  Be It Enacted by the Legislature of the State of Florida:

30

31


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  1         Section 1.  Section 718.103, Florida Statutes, is

  2  amended to read:

  3         718.103  Definitions.--As used in this chapter, the

  4  term:

  5         (1)  "Assessment" means a share of the funds which are

  6  required for the payment of common expenses, which from time

  7  to time is assessed against the unit owner.

  8         (2)  "Association" means, in addition to those entities

  9  responsible for the operation of common elements owned in

10  undivided shares by unit owners, any entity which operates or

11  maintains other real property in which condominium unit owners

12  have use rights, where unit owner membership in the entity is

13  composed exclusively of condominium unit owners or their

14  elected or appointed representatives, and where membership in

15  the entity is a required condition of unit ownership.

16         (3)  "Association property" means that property, real

17  and personal, which is owned or leased by, or is dedicated by

18  a recorded plat to, the association for the use and benefit of

19  its members.

20         (4)  "Board of administration" means the board of

21  directors or other representative body which is responsible

22  for administration of the association.

23         (5)  "Buyer" means a person who purchases a

24  condominium. The term "purchaser" may be used interchangeably

25  with the term "buyer."

26         (6)(5)  "Bylaws" means the bylaws of the association as

27  they exist from time to time.

28         (7)(6)  "Committee" means a group of board members,

29  unit owners, or board members and unit owners appointed by the

30  board or a member of the board to make recommendations to the

31


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  1  board regarding the association budget or take action on

  2  behalf of the board.

  3         (8)(7)  "Common elements" means the portions of the

  4  condominium property which are not included in the units.

  5         (9)(8)  "Common expenses" means all expenses and

  6  assessments which are properly incurred by the association for

  7  the condominium.

  8         (10)(9)  "Common surplus" means the excess of all

  9  receipts of the association collected on behalf of a

10  condominium (including, but not limited to, assessments,

11  rents, profits, and revenues on account of the common

12  elements) over the common expenses.

13         (11)(10)  "Condominium" means that form of ownership of

14  real property which is created pursuant to the provisions of

15  this chapter, which is comprised of units that may be owned by

16  one or more persons, and in which there is, appurtenant to

17  each unit, an undivided share in common elements.

18         (12)(11)  "Condominium parcel" means a unit, together

19  with the undivided share in the common elements which is

20  appurtenant to the unit.

21         (13)(12)  "Condominium property" means the lands,

22  leaseholds, and personal property that are subjected to

23  condominium ownership, whether or not contiguous, and all

24  improvements thereon and all easements and rights appurtenant

25  thereto intended for use in connection with the condominium.

26         (14)(13)  "Conspicuous type" means type in capital

27  letters no smaller than the largest type, exclusive of

28  headings, on the page on which it appears and, in all cases,

29  at least 10-point type.  Where conspicuous type is required,

30  it must be separated on all sides from other type and print.

31


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  1  Conspicuous type may be used in contracts for purchase or

  2  public offering statements only where required by law.

  3         (15)(14)  "Declaration" or "declaration of condominium"

  4  means the instrument or instruments by which a condominium is

  5  created, as they are from time to time amended.

  6         (16)(15)  "Developer" means a person who creates a

  7  condominium or offers condominium parcels for sale or lease in

  8  the ordinary course of business, but does not include an owner

  9  or lessee of a condominium or cooperative unit who has

10  acquired the unit for his or her own occupancy, nor does it

11  include a cooperative association which creates a condominium

12  by conversion of an existing residential cooperative after

13  control of the association has been transferred to the unit

14  owners if, following the conversion, the unit owners will be

15  the same persons who were unit owners of the cooperative and

16  no units are offered for sale or lease to the public as part

17  of the plan of conversion.

18         (17)  "Division" means the Division of Florida Land

19  Sales, Condominiums, and Mobile Homes of the Department of

20  Business and Professional Regulation.

21         (18)(16)  "Land" means, unless otherwise defined in the

22  declaration as hereinafter provided, the surface of a legally

23  described parcel of real property and includes, unless

24  otherwise specified in the declaration and whether separate

25  from or including such surface, airspace lying above and

26  subterranean space lying below such surface.  However, if so

27  defined in the declaration, the term "land" may mean all or

28  any portion of the airspace or subterranean space between two

29  legally identifiable elevations and may exclude the surface of

30  a parcel of real property and may mean any combination of the

31  foregoing, whether or not contiguous.


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  1         (19)(17)  "Limited common elements" means those common

  2  elements which are reserved for the use of a certain

  3  condominium unit or units to the exclusion of other units, as

  4  specified in the declaration of condominium.

  5         (20)(18)  "Operation" or "operation of the condominium"

  6  includes the administration and management of the condominium

  7  property.

  8         (21)(19)  "Rental agreement" means any written

  9  agreement, or oral agreement if for less duration than 1 year,

10  providing for use and occupancy of premises.

11         (22)(20)  "Residential condominium" means a condominium

12  consisting of condominium units, any of which are intended for

13  use as a private temporary or permanent residence, except that

14  a condominium is not a residential condominium if the use for

15  which the units are intended is primarily commercial or

16  industrial and not more than three units are intended to be

17  used for private residence, and are intended to be used as

18  housing for maintenance, managerial, janitorial, or other

19  operational staff of the condominium. With respect to a

20  condominium that is not a timeshare condominium, a residential

21  unit includes a unit intended as a private temporary or

22  permanent residence as well as a unit not intended for

23  commercial or industrial use. With respect to a timeshare

24  condominium, the timeshare instrument as defined in s.

25  721.05(28) shall govern the intended use of each unit in the

26  condominium. If a condominium is a residential condominium but

27  contains units intended to be used for commercial or

28  industrial purposes, then, with respect to those units which

29  are not intended for or used as private residences, the

30  condominium is not a residential condominium.  A condominium

31  which contains both commercial and residential units is a


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  1  mixed-use condominium subject to the requirements of s.

  2  718.404.

  3         (23)(21)  "Special assessment" means any assessment

  4  levied against unit owners other than the assessment required

  5  by a budget adopted annually.

  6         (24)(22)  "Timeshare estate" means any interest in a

  7  unit under which the exclusive right of use, possession, or

  8  occupancy of the unit circulates among the various purchasers

  9  of a timeshare plan pursuant to chapter 721 on a recurring

10  basis for a period of time.

11         (25)(23)  "Timeshare unit" means a unit in which

12  timeshare estates have been created.

13         (26)(24)  "Unit" means a part of the condominium

14  property which is subject to exclusive ownership.  A unit may

15  be in improvements, land, or land and improvements together,

16  as specified in the declaration.

17         (27)(25)  "Unit owner" or "owner of a unit" means a

18  record owner of legal title to a condominium parcel.

19         (28)(26)  "Voting certificate" means a document which

20  designates one of the record title owners, or the corporate,

21  partnership, or entity representative, who is authorized to

22  vote on behalf of a condominium unit that is owned by more

23  than one owner or by any entity.

24         (29)(27)  "Voting interest" means the voting rights

25  distributed to the association members pursuant to s.

26  718.104(4)(i).

27         Section 2.  Subsections (6) and (11), paragraph (c) of

28  subsection (12), and subsection (15) of section 718.111,

29  Florida Statutes, are amended to read:

30         718.111  The association.--

31


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  1         (6)  OPERATION OF PHASE CONDOMINIUMS CREATED PRIOR TO

  2  1977.--Notwithstanding any provision of this chapter, an

  3  association may operate two or more residential condominiums

  4  in which the initial condominium declaration was recorded

  5  prior to January 1, 1977, a phase project initially created

  6  pursuant to former s. 711.64 and may continue to so operate

  7  such condominiums project as though it were a single

  8  condominium for purposes of financial matters, including

  9  budgets, assessments, accounting, recordkeeping, and similar

10  matters, if provision is made for such consolidated operation

11  in the applicable declarations of each such condominium as

12  initially recorded or in the bylaws as initially adopted. An

13  association for such condominiums may also provide for

14  consolidated financial operation as described in this section

15  either by amending its declaration pursuant to s.

16  718.110(1)(a) or by amending its bylaws and having the

17  amendment approved by not less than two-thirds of the total

18  voting interests. Notwithstanding any provision in this

19  chapter, common expenses for residential condominiums in such

20  a project being operated by a single association may be

21  assessed against all unit owners in such project pursuant to

22  the proportions or percentages established therefor in the

23  declarations as initially recorded or in the bylaws as

24  initially adopted, subject, however, to the limitations of ss.

25  718.116 and 718.302.

26         (11)  INSURANCE.--

27         (a)  A unit-owner controlled The association shall use

28  its best efforts to obtain and maintain adequate insurance to

29  protect the association, the association property, the common

30  elements, and the condominium property required to be insured

31  by the association pursuant to paragraph (b). If the


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  1  association is developer-controlled, the association shall

  2  exercise due diligence to obtain and maintain such insurance.

  3  Failure to obtain and maintain adequate insurance during any

  4  period of developer control shall constitute a breach of

  5  fiduciary responsibility by the developer appointed members of

  6  the board of directors of the association, unless said members

  7  can show that despite such failure, they have exercised due

  8  diligence. An The association may also obtain and maintain

  9  liability insurance for directors and officers, insurance for

10  the benefit of association employees, and flood insurance for

11  common elements, association property, and units.  An

12  association or group of associations may self-insure against

13  claims against the association, the association property, and

14  the condominium property required to be insured by an

15  association, upon compliance with ss. 624.460-624.488.  A copy

16  of each policy of insurance in effect shall be made available

17  for inspection by unit owners at reasonable times.

18         (b)  Every hazard policy which is issued to protect a

19  condominium building shall provide that the word "building"

20  wherever used in the policy include, but not necessarily be

21  limited to, fixtures, installations, or additions comprising

22  that part of the building within the unfinished interior

23  surfaces of the perimeter walls, floors, and ceilings of the

24  individual units initially installed, or replacements thereof

25  of like kind or quality, in accordance with the original plans

26  and specifications, or as they existed at the time the unit

27  was initially conveyed if the original plans and

28  specifications are not available.  However, unless prior to

29  October 1, 1986, the association is required by the

30  declaration to provide coverage therefor, the word "building"

31  does not include unit floor coverings, wall coverings, or


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  1  ceiling coverings, and, as to contracts entered into after

  2  July 1, 1992, does not include the following equipment if it

  3  is located within a unit and the unit owner is required to

  4  repair or replace such equipment: electrical fixtures,

  5  appliances, air conditioner or heating equipment, water

  6  heaters, or built-in cabinets.  With respect to the coverage

  7  provided for by this paragraph, the unit owners shall be

  8  considered additional insureds under the policy.

  9         (c)  Every insurance policy issued to an individual

10  unit owner shall provide that the coverage afforded by such

11  policy is excess over the amount recoverable under any other

12  policy covering the same property without rights of

13  subrogation against the association.

14         (d)  The association shall obtain and maintain adequate

15  insurance or fidelity bonding of all persons who control or

16  disburse funds of the association. The insurance policy or

17  fidelity bond must cover the maximum funds that will be in the

18  custody of the association or its management agent at any one

19  time. As used in this paragraph, the term "persons who control

20  or disburse funds of the association" includes, but is not

21  limited to, those individuals authorized to sign checks and

22  the president, secretary, and treasurer of the association.

23  The association shall bear the cost of bonding.

24         (12)  OFFICIAL RECORDS.--

25         (c)  The official records of the association are open

26  to inspection by any association member or the authorized

27  representative of such member at all reasonable times.  The

28  right to inspect the records includes the right to make or

29  obtain copies, at the reasonable expense, if any, of the

30  association member.  The association may adopt reasonable

31  rules regarding the frequency, time, location, notice, and


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  1  manner of record inspections and copying.  The failure of an

  2  association to provide the records within 10 working days

  3  after receipt of a written request shall create a rebuttable

  4  presumption that the association willfully failed to comply

  5  with this paragraph.  A unit owner who is denied access to

  6  official records is entitled to the actual damages or minimum

  7  damages for the association's willful failure to comply with

  8  this paragraph.  The minimum damages shall be $50 per calendar

  9  day up to 10 days, the calculation to begin on the 11th

10  working day after receipt of the written request.  The failure

11  to permit inspection of the association records as provided

12  herein entitles any person prevailing in an enforcement action

13  to recover reasonable attorney's fees from the person in

14  control of the records who, directly or indirectly, knowingly

15  denied access to the records for inspection.  The association

16  shall maintain an adequate number of copies of the

17  declaration, articles of incorporation, bylaws, and rules, and

18  all amendments to each of the foregoing, as well as the

19  question and answer sheet provided for in s. 718.504 and

20  year-end financial information required in this section on the

21  condominium property to ensure their availability to unit

22  owners and prospective purchasers, and may charge its actual

23  costs for preparing and furnishing these documents to those

24  requesting the same.  Notwithstanding the provisions of this

25  paragraph, the following records shall not be accessible to

26  unit owners:

27         1.  A record which was prepared by an association

28  attorney or prepared at the attorney's express direction,

29  which reflects a mental impression, conclusion, litigation

30  strategy, or legal theory of the attorney or the association,

31  and which was prepared exclusively for civil or criminal


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  1  litigation or for adversarial administrative proceedings, or

  2  which was prepared in anticipation of imminent civil or

  3  criminal litigation or imminent adversarial administrative

  4  proceedings until the conclusion of the litigation or

  5  adversarial administrative proceedings.

  6         2.  Information obtained by an association in

  7  connection with the approval of the lease, sale, or other

  8  transfer of a unit.

  9         3.  Medical records of unit owners.

10         (15)  COMMINGLING.--All funds shall be maintained

11  separately in the association's name.  Reserve and operating

12  funds of the association shall not be commingled unless

13  combined for investment purposes. This subsection is not meant

14  to prohibit prudent investment of association funds even if

15  combined with operating or other reserve funds of the same

16  association, but such funds must be accounted for separately,

17  and the combined account balance may not, at any time, be less

18  than the amount identified as reserve funds in the combined

19  account. No manager or business entity required to be licensed

20  or registered under s. 468.432, and no agent, employee,

21  officer, or director of a condominium association shall

22  commingle any association funds with his or her funds or with

23  the funds of any other condominium association or community

24  association as defined in s. 468.431.

25         Section 3.  Subsection (2) of section 718.112, Florida

26  Statutes, is amended to read:

27         718.112  Bylaws.--

28         (2)  REQUIRED PROVISIONS.--The bylaws shall provide for

29  the following and, if they do not do so, shall be deemed to

30  include the following:

31         (a)  Administration.--


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  1         1.  The form of administration of the association shall

  2  be described indicating the title of the officers and board of

  3  administration and specifying the powers, duties, manner of

  4  selection and removal, and compensation, if any, of officers

  5  and boards. In the absence of such a provision, the board of

  6  administration shall be composed of five members, except in

  7  the case of a condominium which has five or fewer units, in

  8  which case in a not-for-profit corporation the board shall

  9  consist of not fewer than three members. In the absence of

10  provisions to the contrary in the bylaws, the board of

11  administration shall have a president, a secretary, and a

12  treasurer, who shall perform the duties of such officers

13  customarily performed by officers of corporations. Unless

14  prohibited in the bylaws, the board of administration may

15  appoint other officers and grant them the duties it deems

16  appropriate. Unless otherwise provided in the bylaws, the

17  officers shall serve without compensation and at the pleasure

18  of the board of administration. Unless otherwise provided in

19  the bylaws, the members of the board shall serve without

20  compensation.

21         2.  When a unit owner files a written inquiry by

22  certified mail with the board of administration, the board

23  shall respond in writing to the unit owner within 30 days of

24  receipt of the inquiry.  The board's response shall either

25  give a substantive response to the inquirer, notify the

26  inquirer that a legal opinion has been requested, or notify

27  the inquirer that advice has been requested from the division.

28  If the board requests advice from the division, the board

29  shall, within 10 days of its receipt of the advice, provide in

30  writing a substantive response to the inquirer. If a legal

31  opinion is requested, the board shall, within 60 days after


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  1  the receipt of the inquiry, provide in writing a substantive

  2  response to the inquiry.  The failure to provide a substantive

  3  response to the inquiry as provided herein precludes the board

  4  from recovering attorney's fees and costs in any subsequent

  5  litigation, administrative proceeding, or arbitration arising

  6  out of the inquiry. The association may through its board of

  7  administration adopt reasonable rules and regulations

  8  regarding the frequency and manner of responding to unit owner

  9  inquiries, one of which may be that the association is only

10  obligated to respond to one written inquiry per unit in any

11  given 30-day period.  In such a case, any additional inquiry

12  or inquiries must be responded to in the subsequent 30-day

13  period, or periods, as applicable.

14         (b)  Quorum; voting requirements; proxies.--

15         1.  Unless a lower number is provided in the bylaws,

16  the percentage of voting interests required to constitute a

17  quorum at a meeting of the members shall be a majority of the

18  voting interests. Unless otherwise provided in this chapter or

19  in the declaration, articles of incorporation, or bylaws, and

20  except as provided in subparagraph (d)3., decisions shall be

21  made by owners of a majority of the voting interests

22  represented at a meeting at which a quorum is present.

23         2.  Except as specifically otherwise provided herein,

24  after January 1, 1992, unit owners may not vote by general

25  proxy, but may vote by limited proxies substantially

26  conforming to a limited proxy form adopted by the division.

27  Limited proxies and general proxies may be used to establish a

28  quorum.  Limited proxies shall be used for votes taken to

29  waive or reduce reserves in accordance with subparagraph

30  (f)2.; for votes taken to waive financial statement

31  requirements as provided by s. 718.111(14); for votes taken to


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  1  amend the declaration pursuant to s. 718.110; for votes taken

  2  to amend the articles of incorporation or bylaws pursuant to

  3  this section; and for any other matter for which this chapter

  4  requires or permits a vote of the unit owners.  Except as

  5  provided in paragraph (d), after January 1, 1992, no proxy,

  6  limited or general, shall be used in the election of board

  7  members. General proxies may be used for other matters for

  8  which limited proxies are not required, and may also be used

  9  in voting for nonsubstantive changes to items for which a

10  limited proxy is required and given. Notwithstanding the

11  provisions of this subparagraph, unit owners may vote in

12  person at unit owner meetings.  Nothing contained herein shall

13  limit the use of general proxies or require the use of limited

14  proxies for any agenda item or election at any meeting of a

15  timeshare condominium association.

16         3.  Any proxy given shall be effective only for the

17  specific meeting for which originally given and any lawfully

18  adjourned meetings thereof.  In no event shall any proxy be

19  valid for a period longer than 90 days after the date of the

20  first meeting for which it was given.  Every proxy is

21  revocable at any time at the pleasure of the unit owner

22  executing it.

23         (c)  Board of administration meetings.--Meetings of the

24  board of administration at which a quorum of the members is

25  present shall be open to all unit owners.  Any unit owner may

26  tape record or videotape meetings of the board of

27  administration.  The right to attend such meetings includes

28  the right to speak at such meetings with reference to all

29  designated agenda items.  The division shall adopt reasonable

30  rules governing the tape recording and videotaping of the

31  meeting.  The association may adopt reasonable rules governing


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  1  the frequency, duration, and manner of unit owner statements.

  2  Adequate notice of all meetings, which notice shall

  3  specifically incorporate an identification of agenda items,

  4  shall be posted conspicuously on the condominium property at

  5  least 48 continuous hours preceding the meeting except in an

  6  emergency.  Any item not included on the notice may be taken

  7  up on an emergency basis by at least a majority plus one of

  8  the members of the board. Such emergency action shall be

  9  noticed and ratified at the next regular meeting of the board.

10  However, written notice of any meeting at which nonemergency

11  special assessments, or at which amendment to rules regarding

12  unit use, will be considered shall be mailed or delivered to

13  the unit owners and posted conspicuously on the condominium

14  property not less than 14 days prior to the meeting. Evidence

15  of compliance with this 14-day notice shall be made by an

16  affidavit executed by the person providing the notice and

17  filed among the official records of the association.  Upon

18  notice to the unit owners, the board shall by duly adopted

19  rule designate a specific location on the condominium property

20  or association property upon which all notices of board

21  meetings shall be posted. If there is no condominium property

22  or association property upon which notices can be posted,

23  notices of board meetings shall be mailed or delivered at

24  least 14 days before the meeting to the owner of each unit.

25  Notice of any meeting in which regular assessments against

26  unit owners are to be considered for any reason shall

27  specifically contain a statement that assessments will be

28  considered and the nature of any such assessments. Meetings of

29  a committee to take final action on behalf of the board or

30  make recommendations to the board regarding the association

31  budget are subject to the provisions of this paragraph.


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  1  Meetings of a committee that does not take final action on

  2  behalf of the board or make recommendations to the board

  3  regarding the association budget are subject to the provisions

  4  of this section, unless those meetings are exempted from this

  5  section by the bylaws of the association.  Notwithstanding any

  6  other law, the requirement that board meetings and committee

  7  meetings be open to the unit owners is inapplicable to

  8  meetings between the board or a committee and the

  9  association's attorney, with respect to proposed or pending

10  litigation, when the meeting is held for the purpose of

11  seeking or rendering legal advice.

12         (d)  Unit owner meetings.--

13         1.  There shall be an annual meeting of the unit

14  owners. Unless the bylaws provide otherwise, a vacancy on the

15  board of administration caused by the expiration of a

16  director's term shall be filled by electing a new board

17  member, and the election shall be by secret closed ballot;

18  however, if the number of vacancies equals or exceeds the

19  number of candidates there is only one candidate for election

20  to fill the vacancy, no election is required. If there is no

21  provision in the bylaws for terms of the members of the board

22  of administration, the terms of all members of the board of

23  administration shall expire upon the election of their

24  successors at the annual meeting. Any unit owner desiring to

25  be a candidate for board membership shall comply with

26  subparagraph 3. In order to be eligible for board membership a

27  person must meet the requirements set forth in the

28  declaration. A person who has been convicted of any felony by

29  any court of record in the United States and who has not had

30  his or her right to vote restored pursuant to law in the

31  jurisdiction of his or her residence is not eligible for board


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  1  membership. The validity of an action by the board is not

  2  affected if it is later determined that a member of the board

  3  is ineligible for board membership due to having been

  4  convicted of a felony.

  5         2.  The bylaws shall provide the method of calling

  6  meetings of unit owners, including annual meetings. Written

  7  notice, which notice must include an agenda, shall be mailed

  8  or delivered to each unit owner at least 14 days prior to the

  9  annual meeting and shall be posted in a conspicuous place on

10  the condominium property at least 14 continuous days preceding

11  the annual meeting. Upon notice to the unit owners, the board

12  shall by duly adopted rule designate a specific location on

13  the condominium property or association property upon which

14  all notices of unit owner meetings shall be posted; however,

15  if there is no condominium property or association property

16  upon which notices can be posted, this requirement does not

17  apply. Unless a unit owner waives in writing the right to

18  receive notice of the annual meeting by mail, the notice of

19  the annual meeting shall be sent by mail to each unit owner.

20  Where a unit is owned by more than one person, the association

21  shall provide notice, for meetings and all other purposes, to

22  that one address which the developer initially identifies for

23  that purpose and thereafter as one or more of the owners of

24  the unit shall so advise the association in writing, or if no

25  address is given or the owners of the unit do not agree, to

26  the address provided on the deed of record. An officer of the

27  association, or the manager or other person providing notice

28  of the association meeting, shall provide an affidavit or

29  United States Postal Service certificate of mailing, to be

30  included in the official records of the association affirming

31  that the notice was mailed or hand delivered, in accordance


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  1  with this provision, to each unit owner at the address last

  2  furnished to the association.

  3         3.  After January 1, 1992, The members of the board of

  4  administration shall be elected by written ballot or voting

  5  machine. Proxies shall in no event be used in electing the

  6  board of administration, either in general elections or

  7  elections to fill vacancies caused by recall, resignation, or

  8  otherwise, unless otherwise provided in this chapter. Not less

  9  than 60 days before a scheduled election, the association

10  shall mail or deliver, whether by separate association mailing

11  or included in another association mailing or delivery

12  including regularly published newsletters, to each unit owner

13  entitled to a vote, a first notice of the date of the

14  election. Any unit owner or other eligible person desiring to

15  be a candidate for the board of administration must give

16  written notice to the association not less than 40 days before

17  a scheduled election.  Together with the written notice and

18  agenda as set forth in subparagraph 2., the association shall

19  mail or deliver a second notice of the election to all unit

20  owners entitled to vote therein, together with a ballot which

21  shall list all candidates. Upon request of a candidate, the

22  association shall include an information sheet, no larger than

23  8 1/2  inches by 11 inches, which must be furnished by the

24  candidate not less than 35 days before the election, to be

25  included with the mailing of the ballot, with the costs of

26  mailing or delivery and copying to be borne by the

27  association. However, the association has no liability for the

28  contents of the information sheets prepared by the candidates.

29  In order to reduce costs, the association may print or

30  duplicate the information sheets on both sides of the paper.

31  The division shall by rule establish voting procedures


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  1  consistent with the provisions contained herein, including

  2  rules providing for the secrecy of ballots.  Elections shall

  3  be decided by a plurality of those ballots cast. There shall

  4  be no quorum requirement; however, at least 20 percent of the

  5  eligible voters must cast a ballot in order to have a valid

  6  election of members of the board of administration. No unit

  7  owner shall permit any other person to vote his or her ballot,

  8  and any such ballots improperly cast shall be deemed invalid.

  9  A unit owner who needs assistance in casting the ballot for

10  the reasons stated in s. 101.051 may obtain assistance in

11  casting the ballot. Any unit owner violating this provision

12  may be fined by the association in accordance with s. 718.303.

13  The regular election shall occur on the date of the annual

14  meeting. The provisions of this subparagraph shall not apply

15  to timeshare condominium associations. Notwithstanding the

16  provisions of this subparagraph, an election and balloting are

17  not required unless more candidates file notices of intent to

18  run or are nominated than vacancies exist on the board.

19         4.  Any approval by unit owners called for by this

20  chapter or the applicable declaration or bylaws, including,

21  but not limited to, the approval requirement in s. 718.111(8),

22  shall be made at a duly noticed meeting of unit owners and

23  shall be subject to all requirements of this chapter or the

24  applicable condominium documents relating to unit owner

25  decisionmaking, except that unit owners may take action by

26  written agreement, without meetings, on matters for which

27  action by written agreement without meetings is expressly

28  allowed by the applicable bylaws or declaration or any statute

29  that which provides for such action.

30

31


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  1         5.  Unit owners may waive notice of specific meetings

  2  if allowed by the applicable bylaws or declaration or any

  3  statute.

  4         6.  Unit owners shall have the right to participate in

  5  meetings of unit owners with reference to all designated

  6  agenda items. However, the association may adopt reasonable

  7  rules governing the frequency, duration, and manner of unit

  8  owner participation.

  9         7.  Any unit owner may tape record or videotape a

10  meeting of the unit owners subject to reasonable rules adopted

11  by the division.

12         8.  Unless otherwise provided in the bylaws, any

13  vacancy occurring on the board before the expiration of a term

14  may be filled by the affirmative vote of the majority of the

15  remaining directors, even if the remaining directors

16  constitute less than a quorum, or by the sole remaining

17  director. In the alternative, a board may hold an election to

18  fill the vacancy, in which case the election procedures must

19  conform to the requirements of subparagraph 3. unless the

20  association has opted out of the statutory election process,

21  in which case the bylaws of the association control. Unless

22  otherwise provided in the bylaws, a board member appointed or

23  elected under this section shall fill the vacancy for the

24  unexpired term of the seat being filled. Filling vacancies

25  created by recall is governed by paragraph (j) and rules

26  adopted by the division.

27

28  Notwithstanding subparagraphs (b)2. and (d)3., an association

29  may, by the affirmative vote of a majority of the total voting

30  interests, provide for different voting and election

31  procedures in its bylaws, which vote may be by a proxy


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  1  specifically delineating the different voting and election

  2  procedures. The different voting and election procedures may

  3  provide for elections to be conducted by limited or general

  4  proxy.

  5         (e)  Budget meeting.--The board of administration shall

  6  mail or hand deliver to each unit owner, or mail to each unit

  7  owner at the address last furnished to the association, a

  8  meeting notice and copies of the proposed annual budget of

  9  common expenses not less than 14 days prior to the meeting of

10  the unit owners or the board of administration at which the

11  budget will be considered. Evidence of compliance with this

12  14-day notice must be made by an affidavit executed by an

13  officer of the association or the manager or other person

14  providing notice of the meeting and filed among the official

15  records of the association.  The meeting must be open to the

16  unit owners.  If an adopted budget requires assessments

17  against the unit owners in any fiscal or calendar year which

18  exceed 115 percent of the assessments for the preceding year,

19  the board, upon written application of 10 percent of the

20  voting interests to the board, shall call a special meeting of

21  the unit owners within 30 days upon not less than 10 days'

22  written notice to each unit owner.  At the special meeting,

23  unit owners shall consider and enact a budget.  Unless the

24  bylaws require a larger vote, the adoption of the budget

25  requires a vote of not less than a majority vote of all the

26  voting interests. The board of administration may propose a

27  budget to the unit owners at a meeting of members or in

28  writing, and if the budget or proposed budget is approved by

29  the unit owners at the meeting or by a majority of all the

30  voting interests in writing, the budget is adopted. If a

31  meeting of the unit owners has been called and a quorum is not


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  1  attained or a substitute budget is not adopted by the unit

  2  owners, the budget adopted by the board of directors goes into

  3  effect as scheduled.  In determining whether assessments

  4  exceed 115 percent of similar assessments in prior years, any

  5  authorized provisions for reasonable reserves for repair or

  6  replacement of the condominium property, anticipated expenses

  7  by the condominium association which are not anticipated to be

  8  incurred on a regular or annual basis, or assessments for

  9  betterments to the condominium property must be excluded from

10  the computation.  However, as long as the developer is in

11  control of the board of administration, the board may not

12  impose an assessment for any year greater than 115 percent of

13  the prior fiscal or calendar year's assessment without

14  approval of a majority of all the voting interests.

15         (f)  Annual budget.--

16         1.  The proposed annual budget of common expenses shall

17  be detailed and shall show the amounts budgeted by accounts

18  and expense classifications, including, if applicable, but not

19  limited to, those expenses listed in s. 718.504(20). In

20  addition, if the association maintains limited common elements

21  with the cost to be shared only by those entitled to use the

22  limited common elements as provided for in s. 718.113(1), the

23  budget or a schedule attached thereto shall show amounts

24  budgeted therefor. If, after turnover of control of the

25  association to the unit owners, any of the expenses listed in

26  s. 718.504(20) are not applicable, they need not be listed.

27         2.  In addition to annual operating expenses, the

28  budget shall include reserve accounts for capital expenditures

29  and deferred maintenance. These accounts shall include, but

30  are not limited to, roof replacement, building painting, and

31  pavement resurfacing, regardless of the amount of deferred


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  1  maintenance expense or replacement cost, and for any other

  2  item for which the deferred maintenance expense or replacement

  3  cost exceeds $10,000. The amount to be reserved shall be

  4  computed by means of a formula which is based upon estimated

  5  remaining useful life and estimated replacement cost or

  6  deferred maintenance expense of each reserve item.  The

  7  association may adjust replacement reserve assessments

  8  annually to take into account any changes in estimates or

  9  extension of the useful life of a reserve item caused by

10  deferred maintenance. This subsection does not apply to

11  budgets in which the members of an association have, by a

12  majority vote at a duly called meeting of the association, and

13  voting determined for a fiscal year to provide no reserves or

14  reserves less adequate than required by this subsection.

15  However, prior to turnover of control of an association by a

16  developer to unit owners other than a developer pursuant to s.

17  718.301, the developer may vote to waive the reserves or

18  reduce the funding of reserves for the first 2 years of the

19  operation of the association, after which time reserves may

20  only be waived or reduced only upon the vote of a majority of

21  all nondeveloper voting interests voting in person or by

22  limited proxy at a duly called meeting of the association. If

23  a meeting of the unit owners has been called to determine to

24  provide no reserves or reserves less adequate than required,

25  and such result is not attained or a quorum is not attained,

26  the reserves as included in the budget shall go into effect.

27         3.  Reserve funds and any interest accruing thereon

28  shall remain in the reserve account or accounts, and shall be

29  used only for authorized reserve expenditures unless their use

30  for other purposes is approved in advance by a vote of the

31  majority vote of the voting interests voting in person or by


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  1  limited proxy at a duly called meeting of the association.

  2  Prior to turnover of control of an association by a developer

  3  to unit owners other than the developer pursuant to s.

  4  718.301, the developer-controlled association shall not vote

  5  to use reserves for purposes other than that for which they

  6  were intended without the approval of a majority of all

  7  nondeveloper voting interests, voting in person or by limited

  8  proxy at a duly called meeting of the association.

  9         (g)  Assessments.--The manner of collecting from the

10  unit owners their shares of the common expenses shall be

11  stated in the bylaws. Assessments shall be made against units

12  not less frequently than quarterly in an amount which is not

13  less than that required to provide funds in advance for

14  payment of all of the anticipated current operating expenses

15  and for all of the unpaid operating expenses previously

16  incurred.  Nothing in this paragraph shall preclude the right

17  of an association to accelerate assessments of an owner

18  delinquent in payment of common expenses. Accelerated

19  assessments shall be due and payable on the date the claim of

20  lien is filed. Such accelerated assessments shall include the

21  amounts due for the remainder of the budget year in which the

22  claim of lien was filed.

23         (h)  Amendment of bylaws.--

24         1.  The method by which the bylaws may be amended

25  consistent with the provisions of this chapter shall be

26  stated.  If the bylaws fail to provide a method of amendment,

27  the bylaws may be amended if the amendment is approved by the

28  owners of not less than two-thirds of the voting interests.

29         2.  No bylaw shall be revised or amended by reference

30  to its title or number only.  Proposals to amend existing

31  bylaws shall contain the full text of the bylaws to be


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  1  amended; new words shall be inserted in the text underlined,

  2  and words to be deleted shall be lined through with hyphens.

  3  However, if the proposed change is so extensive that this

  4  procedure would hinder, rather than assist, the understanding

  5  of the proposed amendment, it is not necessary to use

  6  underlining and hyphens as indicators of words added or

  7  deleted, but, instead, a notation must be inserted immediately

  8  preceding the proposed amendment in substantially the

  9  following language: "Substantial rewording of bylaw.  See

10  bylaw .... for present text."

11         3.  Nonmaterial errors or omissions in the bylaw

12  process will not invalidate an otherwise properly promulgated

13  amendment.

14         (i)  Transfer fees.--No charge shall be made by the

15  association or any body thereof in connection with the sale,

16  mortgage, lease, sublease, or other transfer of a unit unless

17  the association is required to approve such transfer and a fee

18  for such approval is provided for in the declaration,

19  articles, or bylaws. Any such fee may be preset, but in no

20  event may such fee exceed $100 per applicant other than

21  husband/wife or parent/dependent child, which are considered

22  one applicant.  However, if the lease or sublease is a renewal

23  of a lease or sublease with the same lessee or sublessee, no

24  charge shall be made.  The foregoing notwithstanding, an

25  association may, if the authority to do so appears in the

26  declaration or bylaws, require that a prospective lessee place

27  a security deposit, in an amount not to exceed the equivalent

28  of 1 month's rent, into an escrow account maintained by the

29  association.  The security deposit shall protect against

30  damages to the common elements or association property.

31  Payment of interest, claims against the deposit, refunds, and


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  1  disputes under this paragraph shall be handled in the same

  2  fashion as provided in part II of chapter 83.

  3         (j)  Fidelity bonds.--The association shall obtain and

  4  maintain adequate fidelity bonding of all persons who control

  5  or disburse funds of the association.  As used in this

  6  section, the term "persons who control or disburse funds of

  7  the association" means those individuals authorized to sign

  8  checks, and the president, secretary, and treasurer of the

  9  association.  If an association's annual gross receipts do not

10  exceed $100,000, the bond shall be in the principal sum of not

11  less than $10,000 for each such person.  If an association's

12  annual gross receipts exceed $100,000, but do not exceed

13  $300,000, the bond shall be in the principal sum of $30,000

14  for each such person.  If an association's annual gross

15  receipts exceed $300,000, the bond shall be in the principal

16  sum of not less than $50,000 for each such person.  The

17  association shall bear the cost of bonding.

18         (j)(k)  Recall of board members.--Subject to the

19  provisions of s. 718.301, any member of the board of

20  administration may be recalled and removed from office with or

21  without cause by the vote or agreement in writing by a

22  majority of all the voting interests. A special meeting of the

23  unit owners to recall a member or members of the board of

24  administration may be called by 10 percent of the voting

25  interests giving notice of the meeting as required for a

26  meeting of unit owners, and the notice shall state the purpose

27  of the meeting.

28         1.  If the recall is approved by a majority of all

29  voting interests by a vote at a meeting, the recall will be

30  effective as provided herein. The board shall duly notice and

31  hold a board meeting within 5 full business days of the


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  1  adjournment of the unit owner meeting to recall one or more

  2  board members. At the meeting, the board shall either certify

  3  the recall, in which case such member or members shall be

  4  recalled effective immediately and shall turn over to the

  5  board within 5 full business days any and all records and

  6  property of the association in their possession, or shall

  7  proceed as set forth in subparagraph 3.

  8         2.  If the proposed recall is by an agreement in

  9  writing by a majority of all voting interests, the agreement

10  in writing or a copy thereof shall be served on the

11  association by certified mail or by personal service in the

12  manner authorized by chapter 48 and the Florida Rules of Civil

13  Procedure. The board of administration shall duly notice and

14  hold a meeting of the board within 5 full business days after

15  receipt of the agreement in writing. At the meeting, the board

16  shall either certify the written agreement to recall a member

17  or members of the board, in which case such member or members

18  shall be recalled effective immediately and shall turn over to

19  the board within 5 full business days any and all records and

20  property of the association in their possession, or proceed as

21  described in subparagraph 3.

22         3.  If the board determines not to certify the written

23  agreement to recall a member or members of the board, or does

24  not certify the recall by a vote at a meeting, the board

25  shall, within 5 full business days after the meeting, file

26  with the division a petition for arbitration pursuant to the

27  procedures in s. 718.1255. For the purposes of this section,

28  the unit owners who voted at the meeting or who executed the

29  agreement in writing shall constitute one party under the

30  petition for arbitration. If the arbitrator certifies the

31  recall as to any member or members of the board, the recall


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  1  will be effective upon mailing of the final order of

  2  arbitration to the association. If the association fails to

  3  comply with the order of the arbitrator, the division may take

  4  action pursuant to s. 718.501. Any member or members so

  5  recalled shall deliver to the board any and all records of the

  6  association in their possession within 5 full business days of

  7  the effective date of the recall.

  8         4.  If the board fails to duly notice and hold a board

  9  meeting within 5 full business days of service of an agreement

10  in writing or within 5 full business days of the adjournment

11  of the unit owner recall meeting, the recall shall be deemed

12  effective and the board members so recalled shall immediately

13  turn over to the board any and all records and property of the

14  association.

15         5.  If a vacancy occurs on the board as a result of a

16  recall and less than a majority of the board members are

17  removed, the vacancy may be filled by the affirmative vote of

18  a majority of the remaining directors, notwithstanding any

19  provision to the contrary contained in this subsection. If

20  vacancies occur on the board as a result of a recall and a

21  majority or more of the board members are removed, the

22  vacancies shall be filled in accordance with procedural rules

23  to be adopted by the division, which rules need not be

24  consistent with this subsection. The rules must provide

25  procedures governing the conduct of the recall election as

26  well as the operation of the association during the period

27  after a recall but prior to the recall election.

28         (k)(l)  Arbitration.--There shall be a provision for

29  mandatory nonbinding arbitration as provided for in s.

30  718.1255.

31


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  1         (l)(m)  Certificate of compliance.--There shall be a

  2  provision that a certificate of compliance from a licensed

  3  electrical contractor or electrician may be accepted by the

  4  association's board as evidence of compliance of the

  5  condominium units to the applicable fire and life safety code.

  6         (m)(n)  Common elements; limited power to convey.--

  7         1.  With respect to condominiums created on or after

  8  October 1, 1994, the bylaws shall include a provision granting

  9  the association a limited power to convey a portion of the

10  common elements to a condemning authority for the purpose of

11  providing utility easements, right-of-way expansion, or other

12  public purposes, whether negotiated or as a result of eminent

13  domain proceedings.

14         2.  In any case where the bylaws are silent as to the

15  association's power to convey common elements as described in

16  subparagraph 1., the bylaws shall be deemed to include the

17  provision described in subparagraph 1.

18         Section 4.  Paragraph (b) of subsection (1) of section

19  718.115, Florida Statutes, is amended to read:

20         718.115  Common expenses and common surplus.--

21         (1)

22         (b)  If so provided in the declaration, the cost of a

23  master antenna television system or duly franchised cable

24  television service obtained pursuant to a bulk contract shall

25  be deemed a common expense. If the declaration does not

26  provide for the cost of a master antenna television system or

27  duly franchised cable television service obtained under a bulk

28  contract as a common expense, the board of administration may

29  enter into such a contract and the cost of the service will be

30  a common expense but allocated on a per-unit basis rather than

31  a percentage basis if the declaration provides for other than


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  1  an equal sharing of common expenses and any contract entered

  2  into before July 1, 1998, in which the cost of the service is

  3  not equally divided among all unit owners, may be changed by

  4  vote of a majority of the voting interests present at a

  5  regular or special meeting of the association, to allocate the

  6  cost equally among all units., and if not, such cost shall be

  7  considered common expense if it is designated as such in a

  8  written contract between the board of administration and the

  9  company providing the master television antenna system or the

10  cable television service. The contract shall be for a term of

11  not less than 2 years.

12         1.  Any contract made by the board after the effective

13  date hereof for a community antenna system or duly franchised

14  cable television service may be canceled by a majority of the

15  voting interests present at the next regular or special

16  meeting of the association.  Any member may make a motion to

17  cancel said contract, but if no motion is made or if such

18  motion fails to obtain the required majority at the next

19  regular or special meeting, whichever is sooner, following the

20  making of the contract, then such contract shall be deemed

21  ratified for the term therein expressed.

22         2.  Any such contract shall provide, and shall be

23  deemed to provide if not expressly set forth, that any hearing

24  impaired or legally blind unit owner who does not occupy the

25  unit with a non-hearing-impaired nonhearing impaired or

26  sighted person may discontinue the service without incurring

27  disconnect fees, penalties, or subsequent service charges, and

28  as to such units, the owners shall not be required to pay any

29  common expenses charge related to such service. If less than

30  all members of an association share the expenses of cable

31  television, the expense shall be shared equally by all


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  1  participating unit owners. The association may use the

  2  provisions of s. 718.116 to enforce payment of the shares of

  3  such costs by the unit owners receiving cable television.

  4         Section 5.  Subsection (2) of section 718.503, Florida

  5  Statutes, is amended to read:

  6         718.503  Developer disclosure prior to sale;

  7  nondeveloper unit owner disclosure prior to sale;

  8  voidability.--

  9         (2)  NONDEVELOPER DISCLOSURE.--

10         (a)  Each unit owner who is not a developer as defined

11  by this chapter shall comply with the provisions of this

12  subsection prior to the sale of his or her unit.  Each

13  prospective purchaser who has entered into a contract for the

14  purchase of a condominium unit is entitled, at the seller's

15  expense, to a current copy of the declaration of condominium,

16  articles of incorporation of the association, bylaws, and

17  rules of the association, as well as a copy of the question

18  and answer sheet provided for by s. 718.504 and a copy of the

19  financial information required by s. 718.111.

20         (b)  If a person licensed under part I of chapter 475

21  provides to or otherwise obtains for a prospective purchaser

22  the documents described in this subsection, the person is not

23  liable for any error or inaccuracy contained in the documents.

24         (c)  Each contract entered into after July 1, 1992, for

25  the resale of a residential unit shall contain in conspicuous

26  type either:

27         1.  A clause which states:  THE BUYER HEREBY

28  ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF

29  THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF

30  THE ASSOCIATION, BYLAWS, RULES OF THE ASSOCIATION, A COPY OF

31  THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE


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  1  QUESTION AND ANSWER SHEET MORE THAN 3 DAYS, EXCLUDING

  2  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF

  3  THIS CONTRACT; or

  4         2.  A clause which states:  THIS AGREEMENT IS VOIDABLE

  5  BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION

  6  TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND

  7  LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT

  8  BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE

  9  DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS,

10  AND RULES OF THE ASSOCIATION, A COPY OF THE MOST RECENT

11  YEAR-END FINANCIAL INFORMATION AND QUESTION AND ANSWER SHEET

12  IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE

13  VOIDABILITY RIGHTS SHALL BE OF NO EFFECT.  BUYER MAY EXTEND

14  THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS,

15  EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE

16  BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,

17  BYLAWS, RULES, AND QUESTION AND ANSWER SHEET IF REQUESTED IN

18  WRITING.  BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE

19  AT CLOSING.

20

21  A contract that does not conform to the requirements of this

22  paragraph is voidable at the option of the purchaser prior to

23  closing.

24         Section 6.  Section 718.504, Florida Statutes, is

25  amended to read:

26         718.504  Prospectus or offering circular.--Every

27  developer of a residential condominium which contains more

28  than 20 residential units, or which is part of a group of

29  residential condominiums which will be served by property to

30  be used in common by unit owners of more than 20 residential

31  units, shall prepare a prospectus or offering circular and


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  1  file it with the Division of Florida Land Sales, Condominiums,

  2  and Mobile Homes prior to entering into an enforceable

  3  contract of purchase and sale of any unit or lease of a unit

  4  for more than 5 years and shall furnish a copy of the

  5  prospectus or offering circular to each buyer.  In addition to

  6  the prospectus or offering circular, each buyer shall be

  7  furnished a separate page entitled "Frequently Asked Questions

  8  and Answers," which shall be in accordance with a format

  9  approved by the division and a copy of the financial

10  information required by s. 718.111.  This page shall, in

11  readable language, inform prospective purchasers regarding

12  their voting rights and unit use restrictions, including

13  restrictions on the leasing of a unit; shall indicate whether

14  and in what amount the unit owners or the association is

15  obligated to pay rent or land use fees for recreational or

16  other commonly used facilities; shall contain a statement

17  identifying that amount of assessment which, pursuant to the

18  budget, would be levied upon each unit type, exclusive of any

19  special assessments, and which shall further identify the

20  basis upon which assessments are levied, whether monthly,

21  quarterly, or otherwise; shall state and identify any court

22  cases in which the association is currently a party of record

23  in which the association may face liability in excess of

24  $100,000; and which shall further state whether membership in

25  a recreational facilities association is mandatory, and if so,

26  shall identify the fees currently charged per unit type.  The

27  division shall by rule require such other disclosure as in its

28  judgment will assist prospective purchasers. The prospectus or

29  offering circular may include more than one condominium,

30  although not all such units are being offered for sale as of

31  the date of the prospectus or offering circular.  The


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  1  prospectus or offering circular must contain the following

  2  information:

  3         (1)  The front cover or the first page must contain

  4  only:

  5         (a)  The name of the condominium.

  6         (b)  The following statements in conspicuous type:

  7         1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS

  8  IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM

  9  UNIT.

10         2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

11  NATURE.  A PROSPECTIVE PURCHASER SHOULD REFER TO ALL

12  REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND

13  SALES MATERIALS.

14         3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS

15  CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER

16  TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR

17  CORRECT REPRESENTATIONS.

18         (2)  Summary:  The next page must contain all

19  statements required to be in conspicuous type in the

20  prospectus or offering circular.

21         (3)  A separate index of the contents and exhibits of

22  the prospectus.

23         (4)  Beginning on the first page of the text (not

24  including the summary and index), a description of the

25  condominium, including, but not limited to, the following

26  information:

27         (a)  Its name and location.

28         (b)  A description of the condominium property,

29  including, without limitation:

30         1.  The number of buildings, the number of units in

31  each building, the number of bathrooms and bedrooms in each


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  1  unit, and the total number of units, if the condominium is not

  2  a phase condominium, or the maximum number of buildings that

  3  may be contained within the condominium, the minimum and

  4  maximum numbers of units in each building, the minimum and

  5  maximum numbers of bathrooms and bedrooms that may be

  6  contained in each unit, and the maximum number of units that

  7  may be contained within the condominium, if the condominium is

  8  a phase condominium.

  9         2.  The page in the condominium documents where a copy

10  of the plot plan and survey of the condominium is located.

11         3.  The estimated latest date of completion of

12  constructing, finishing, and equipping.  In lieu of a date,

13  the description shall include a statement that the estimated

14  date of completion of the condominium is in the purchase

15  agreement and a reference to the article or paragraph

16  containing that information.

17         (c)  The maximum number of units that will use

18  facilities in common with the condominium.  If the maximum

19  number of units will vary, a description of the basis for

20  variation and the minimum amount of dollars per unit to be

21  spent for additional recreational facilities or enlargement of

22  such facilities.  If the addition or enlargement of facilities

23  will result in a material increase of a unit owner's

24  maintenance expense or rental expense, if any, the maximum

25  increase and limitations thereon shall be stated.

26         (5)(a)  A statement in conspicuous type describing

27  whether the condominium is created and being sold as fee

28  simple interests or as leasehold interests. If the condominium

29  is created or being sold on a leasehold, the location of the

30  lease in the disclosure materials shall be stated.

31


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  1         (b)  If timeshare estates are or may be created with

  2  respect to any unit in the condominium, a statement in

  3  conspicuous type stating that timeshare estates are created

  4  and being sold in units in the condominium.

  5         (6)  A description of the recreational and other

  6  commonly used facilities that will be used only by unit owners

  7  of the condominium, including, but not limited to, the

  8  following:

  9         (a)  Each room and its intended purposes, location,

10  approximate floor area, and capacity in numbers of people.

11         (b)  Each swimming pool, as to its general location,

12  approximate size and depths, approximate deck size and

13  capacity, and whether heated.

14         (c)  Additional facilities, as to the number of each

15  facility, its approximate location, approximate size, and

16  approximate capacity.

17         (d)  A general description of the items of personal

18  property and the approximate number of each item of personal

19  property that the developer is committing to furnish for each

20  room or other facility or, in the alternative, a

21  representation as to the minimum amount of expenditure that

22  will be made to purchase the personal property for the

23  facility.

24         (e)  The estimated date when each room or other

25  facility will be available for use by the unit owners.

26         (f)1.  An identification of each room or other facility

27  to be used by unit owners that will not be owned by the unit

28  owners or the association;

29         2.  A reference to the location in the disclosure

30  materials of the lease or other agreements providing for the

31  use of those facilities; and


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  1         3.  A description of the terms of the lease or other

  2  agreements, including the length of the term; the rent

  3  payable, directly or indirectly, by each unit owner, and the

  4  total rent payable to the lessor, stated in monthly and annual

  5  amounts for the entire term of the lease; and a description of

  6  any option to purchase the property leased under any such

  7  lease, including the time the option may be exercised, the

  8  purchase price or how it is to be determined, the manner of

  9  payment, and whether the option may be exercised for a unit

10  owner's share or only as to the entire leased property.

11         (g)  A statement as to whether the developer may

12  provide additional facilities not described above; their

13  general locations and types; improvements or changes that may

14  be made; the approximate dollar amount to be expended; and the

15  maximum additional common expense or cost to the individual

16  unit owners that may be charged during the first annual period

17  of operation of the modified or added facilities.

18

19  Descriptions as to locations, areas, capacities, numbers,

20  volumes, or sizes may be stated as approximations or minimums.

21         (7)  A description of the recreational and other

22  facilities that will be used in common with other

23  condominiums, community associations, or planned developments

24  which require the payment of the maintenance and expenses of

25  such facilities, either directly or indirectly, by the unit

26  owners.  The description shall include, but not be limited to,

27  the following:

28         (a)  Each building and facility committed to be built.

29         (b)  Facilities not committed to be built except under

30  certain conditions, and a statement of those conditions or

31  contingencies.


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  1         (c)  As to each facility committed to be built, or

  2  which will be committed to be built upon the happening of one

  3  of the conditions in paragraph (b), a statement of whether it

  4  will be owned by the unit owners having the use thereof or by

  5  an association or other entity which will be controlled by

  6  them, or others, and the location in the exhibits of the lease

  7  or other document providing for use of those facilities.

  8         (d)  The year in which each facility will be available

  9  for use by the unit owners or, in the alternative, the maximum

10  number of unit owners in the project at the time each of all

11  of the facilities is committed to be completed.

12         (e)  A general description of the items of personal

13  property, and the approximate number of each item of personal

14  property, that the developer is committing to furnish for each

15  room or other facility or, in the alternative, a

16  representation as to the minimum amount of expenditure that

17  will be made to purchase the personal property for the

18  facility.

19         (f)  If there are leases, a description thereof,

20  including the length of the term, the rent payable, and a

21  description of any option to purchase.

22

23  Descriptions shall include location, areas, capacities,

24  numbers, volumes, or sizes and may be stated as approximations

25  or minimums.

26         (8)  Recreation lease or associated club membership:

27         (a)  If any recreational facilities or other facilities

28  offered by the developer and available to, or to be used by,

29  unit owners are to be leased or have club membership

30  associated, the following statement in conspicuous type shall

31  be included:  THERE IS A RECREATIONAL FACILITIES LEASE


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  1  ASSOCIATED WITH THIS CONDOMINIUM; or, THERE IS A CLUB

  2  MEMBERSHIP ASSOCIATED WITH THIS CONDOMINIUM.  There shall be a

  3  reference to the location in the disclosure materials where

  4  the recreation lease or club membership is described in

  5  detail.

  6         (b)  If it is mandatory that unit owners pay a fee,

  7  rent, dues, or other charges under a recreational facilities

  8  lease or club membership for the use of facilities, there

  9  shall be in conspicuous type the applicable statement:

10         1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS

11  MANDATORY FOR UNIT OWNERS; or

12         2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF

13  OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES

14  LEASE; or

15         3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE

16  COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,

17  REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES

18  LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or

19         4.  A similar statement of the nature of the

20  organization or the manner in which the use rights are

21  created, and that unit owners are required to pay.

22

23  Immediately following the applicable statement, the location

24  in the disclosure materials where the development is described

25  in detail shall be stated.

26         (c)  If the developer, or any other person other than

27  the unit owners and other persons having use rights in the

28  facilities, reserves, or is entitled to receive, any rent,

29  fee, or other payment for the use of the facilities, then

30  there shall be the following statement in conspicuous type:

31  THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND


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  1  USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES.

  2  Immediately following this statement, the location in the

  3  disclosure materials where the rent or land use fees are

  4  described in detail shall be stated.

  5         (d)  If, in any recreation format, whether leasehold,

  6  club, or other, any person other than the association has the

  7  right to a lien on the units to secure the payment of

  8  assessments, rent, or other exactions, there shall appear a

  9  statement in conspicuous type in substantially the following

10  form:

11         1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

12  SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE

13  RECREATION LEASE.  THE UNIT OWNER'S FAILURE TO MAKE THESE

14  PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or

15         2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

16  SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING

17  DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE

18  RECREATIONAL OR COMMONLY USED FACILITIES.  THE UNIT OWNER'S

19  FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF

20  THE LIEN.

21

22  Immediately following the applicable statement, the location

23  in the disclosure materials where the lien or lien right is

24  described in detail shall be stated.

25         (9)  If the developer or any other person has the right

26  to increase or add to the recreational facilities at any time

27  after the establishment of the condominium whose unit owners

28  have use rights therein, without the consent of the unit

29  owners or associations being required, there shall appear a

30  statement in conspicuous type in substantially the following

31  form:  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED


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  1  WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S).

  2  Immediately following this statement, the location in the

  3  disclosure materials where such reserved rights are described

  4  shall be stated.

  5         (10)  A statement of whether the developer's plan

  6  includes a program of leasing units rather than selling them,

  7  or leasing units and selling them subject to such leases.  If

  8  so, there shall be a description of the plan, including the

  9  number and identification of the units and the provisions and

10  term of the proposed leases, and a statement in boldfaced type

11  that:  THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.

12         (11)  The arrangements for management of the

13  association and maintenance and operation of the condominium

14  property and of other property that will serve the unit owners

15  of the condominium property, and a description of the

16  management contract and all other contracts for these purposes

17  having a term in excess of 1 year, including the following:

18         (a)  The names of contracting parties.

19         (b)  The term of the contract.

20         (c)  The nature of the services included.

21         (d)  The compensation, stated on a monthly and annual

22  basis, and provisions for increases in the compensation.

23         (e)  A reference to the volumes and pages of the

24  condominium documents and of the exhibits containing copies of

25  such contracts.

26

27  Copies of all described contracts shall be attached as

28  exhibits.  If there is a contract for the management of the

29  condominium property, then a statement in conspicuous type in

30  substantially the following form shall appear, identifying the

31  proposed or existing contract manager:  THERE IS (IS TO BE) A


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    ENROLLED

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  1  CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH

  2  (NAME OF THE CONTRACT MANAGER).  Immediately following this

  3  statement, the location in the disclosure materials of the

  4  contract for management of the condominium property shall be

  5  stated.

  6         (12)  If the developer or any other person or persons

  7  other than the unit owners has the right to retain control of

  8  the board of administration of the association for a period of

  9  time which can exceed 1 year after the closing of the sale of

10  a majority of the units in that condominium to persons other

11  than successors or alternate developers, then a statement in

12  conspicuous type in substantially the following form shall be

13  included:  THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO

14  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE

15  UNITS HAVE BEEN SOLD. Immediately following this statement,

16  the location in the disclosure materials where this right to

17  control is described in detail shall be stated.

18         (13)  If there are any restrictions upon the sale,

19  transfer, conveyance, or leasing of a unit, then a statement

20  in conspicuous type in substantially the following form shall

21  be included:  THE SALE, LEASE, OR TRANSFER OF UNITS IS

22  RESTRICTED OR CONTROLLED.  Immediately following this

23  statement, the location in the disclosure materials where the

24  restriction, limitation, or control on the sale, lease, or

25  transfer of units is described in detail shall be stated.

26         (14)  If the condominium is part of a phase project,

27  the following information shall be stated:

28         (a)  A statement in conspicuous type in substantially

29  the following form:  THIS IS A PHASE CONDOMINIUM.  ADDITIONAL

30  LAND AND UNITS MAY BE ADDED TO THIS CONDOMINIUM.  Immediately

31


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  1  following this statement, the location in the disclosure

  2  materials where the phasing is described shall be stated.

  3         (b)  A summary of the provisions of the declaration

  4  which provide for the phasing.

  5         (c)  A statement as to whether or not residential

  6  buildings and units which are added to the condominium may be

  7  substantially different from the residential buildings and

  8  units originally in the condominium.  If the added residential

  9  buildings and units may be substantially different, there

10  shall be a general description of the extent to which such

11  added residential buildings and units may differ, and a

12  statement in conspicuous type in substantially the following

13  form shall be included: BUILDINGS AND UNITS WHICH ARE ADDED TO

14  THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER

15  BUILDINGS AND UNITS IN THE CONDOMINIUM.  Immediately following

16  this statement, the location in the disclosure materials where

17  the extent to which added residential buildings and units may

18  substantially differ is described shall be stated.

19         (d)  A statement of the maximum number of buildings

20  containing units, the maximum and minimum numbers of units in

21  each building, the maximum number of units, and the minimum

22  and maximum square footage of the units that may be contained

23  within each parcel of land which may be added to the

24  condominium.

25         (15)  If the condominium is created by conversion of

26  existing improvements, the following information shall be

27  stated:

28         (a)  The information required by s. 718.616.

29         (b)  A caveat that there are no express warranties

30  unless they are stated in writing by the developer.

31


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  1         (16)  A summary of the restrictions, if any, to be

  2  imposed on units concerning the use of any of the condominium

  3  property, including statements as to whether there are

  4  restrictions upon children and pets, and reference to the

  5  volumes and pages of the condominium documents where such

  6  restrictions are found, or if such restrictions are contained

  7  elsewhere, then a copy of the documents containing the

  8  restrictions shall be attached as an exhibit.

  9         (17)  If there is any land that is offered by the

10  developer for use by the unit owners and that is neither owned

11  by them nor leased to them, the association, or any entity

12  controlled by unit owners and other persons having the use

13  rights to such land, a statement shall be made as to how such

14  land will serve the condominium.  If any part of such land

15  will serve the condominium, the statement shall describe the

16  land and the nature and term of service, and the declaration

17  or other instrument creating such servitude shall be included

18  as an exhibit.

19         (18)  The manner in which utility and other services,

20  including, but not limited to, sewage and waste disposal,

21  water supply, and storm drainage, will be provided and the

22  person or entity furnishing them.

23         (19)  An explanation of the manner in which the

24  apportionment of common expenses and ownership of the common

25  elements has been determined.

26         (20)  An estimated operating budget for the condominium

27  and the association, and a schedule of the unit owner's

28  expenses shall be attached as an exhibit and shall contain the

29  following information:

30

31


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  1         (a)  The estimated monthly and annual expenses of the

  2  condominium and the association that are collected from unit

  3  owners by assessments.

  4         (b)  The estimated monthly and annual expenses of each

  5  unit owner for a unit, other than common expenses paid by all

  6  unit owners, payable by the unit owner to persons or entities

  7  other than the association, as well as to the association,

  8  including fees assessed pursuant to s. 718.113(1) for

  9  maintenance of limited common elements where such costs are

10  shared only by those entitled to use the limited common

11  element, and the total estimated monthly and annual expense.

12  There may be excluded from this estimate expenses which are

13  not provided for or contemplated by the condominium documents,

14  including, but not limited to, the costs of private telephone;

15  maintenance of the interior of condominium units, which is not

16  the obligation of the association; maid or janitorial services

17  privately contracted for by the unit owners; utility bills

18  billed directly to each unit owner for utility services to his

19  or her unit; insurance premiums other than those incurred for

20  policies obtained by the condominium; and similar personal

21  expenses of the unit owner. A unit owner's estimated payments

22  for assessments shall also be stated in the estimated amounts

23  for the times when they will be due.

24         (c)  The estimated items of expenses of the condominium

25  and the association, except as excluded under paragraph (b),

26  including, but not limited to, the following items, which

27  shall be stated either as an association expense collectible

28  by assessments or as unit owners' expenses payable to persons

29  other than the association:

30         1.  Expenses for the association and condominium:

31         a.  Administration of the association.


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  1         b.  Management fees.

  2         c.  Maintenance.

  3         d.  Rent for recreational and other commonly used

  4  facilities.

  5         e.  Taxes upon association property.

  6         f.  Taxes upon leased areas.

  7         g.  Insurance.

  8         h.  Security provisions.

  9         i.  Other expenses.

10         j.  Operating capital.

11         k.  Reserves.

12         l.  Fees payable to the division.

13         2.  Expenses for a unit owner:

14         a.  Rent for the unit, if subject to a lease.

15         b.  Rent payable by the unit owner directly to the

16  lessor or agent under any recreational lease or lease for the

17  use of commonly used facilities, which use and payment is a

18  mandatory condition of ownership and is not included in the

19  common expense or assessments for common maintenance paid by

20  the unit owners to the association.

21         (d)  The estimated amounts shall be stated for a period

22  of at least 12 months and may distinguish between the period

23  prior to the time unit owners other than the developer elect a

24  majority of the board of administration and the period after

25  that date.

26         (21)  A schedule of estimated closing expenses to be

27  paid by a buyer or lessee of a unit and a statement of whether

28  title opinion or title insurance policy is available to the

29  buyer and, if so, at whose expense.

30         (22)  The identity of the developer and the chief

31  operating officer or principal directing the creation and sale


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  1  of the condominium and a statement of its and his or her

  2  experience in this field.

  3         (23)  Copies of the following, to the extent they are

  4  applicable, shall be included as exhibits:

  5         (a)  The declaration of condominium, or the proposed

  6  declaration if the declaration has not been recorded.

  7         (b)  The articles of incorporation creating the

  8  association.

  9         (c)  The bylaws of the association.

10         (d)  The ground lease or other underlying lease of the

11  condominium.

12         (e)  The management agreement and all maintenance and

13  other contracts for management of the association and

14  operation of the condominium and facilities used by the unit

15  owners having a service term in excess of 1 year.

16         (f)  The estimated operating budget for the condominium

17  and the required schedule of unit owners' expenses.

18         (g)  A copy of the floor plan of the unit and the plot

19  plan showing the location of the residential buildings and the

20  recreation and other common areas.

21         (h)  The lease of recreational and other facilities

22  that will be used only by unit owners of the subject

23  condominium.

24         (i)  The lease of facilities used by owners and others.

25         (j)  The form of unit lease, if the offer is of a

26  leasehold.

27         (k)  A declaration of servitude of properties serving

28  the condominium but not owned by unit owners or leased to them

29  or the association.

30

31


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  1         (l)  The statement of condition of the existing

  2  building or buildings, if the offering is of units in an

  3  operation being converted to condominium ownership.

  4         (m)  The statement of inspection for termite damage and

  5  treatment of the existing improvements, if the condominium is

  6  a conversion.

  7         (n)  The form of agreement for sale or lease of units.

  8         (o)  A copy of the agreement for escrow of payments

  9  made to the developer prior to closing.

10         (p)  A copy of the documents containing any

11  restrictions on use of the property required by subsection

12  (16).

13         (24)  Any prospectus or offering circular complying,

14  prior to the effective date of this act, with the provisions

15  of former ss. 711.69 and 711.802 may continue to be used

16  without amendment or may be amended to comply with the

17  provisions of this chapter.

18         (25)  A brief narrative description of the location and

19  effect of all existing and intended easements located or to be

20  located on the condominium property other than those described

21  in the declaration.

22         (26)  If the developer is required by state or local

23  authorities to obtain acceptance or approval of any dock or

24  marina facilities intended to serve the condominium, a copy of

25  any such acceptance or approval acquired by the time of filing

26  with the division under s. 718.502(1) or a statement that such

27  acceptance or approval has not been acquired or received.

28         (27)  Evidence demonstrating that the developer has an

29  ownership, leasehold, or contractual interest in the land upon

30  which the condominium is to be developed.

31


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  1         Section 7.  Paragraph (a) of subsection (9) of section

  2  718.116, Florida Statutes, is amended to read:

  3         718.116  Assessments; liability; lien and priority;

  4  interest; collection.--

  5         (9)(a)  No unit owner may be excused from the payment

  6  of his or her share of the common expense of a condominium

  7  unless all unit owners are likewise proportionately excused

  8  from payment, except as provided in subsection (1) and in the

  9  following cases:

10         1.  If the declaration so provides, a developer or

11  other person who owns condominium units offered for sale may

12  be excused from the payment of the share of the common

13  expenses and assessments related to those units for a stated

14  period of time subsequent to the recording of the declaration

15  of condominium.  The period must terminate no later than the

16  first day of the fourth calendar month following the month in

17  which the closing of the purchase and sale of the first

18  condominium unit occurs.  However, the developer must pay

19  those the portion of common expenses incurred during that

20  period which exceed the amount assessed against other unit

21  owners. Notwithstanding this limitation, if a

22  developer-controlled association has maintained all insurance

23  coverages required by s. 718.111(11)(a), the common expenses

24  incurred during the foregoing period resulting from a natural

25  disaster or an act of God, which are not covered by insurance

26  proceeds from the insurance maintained by the association, may

27  be assigned against all unit owners owning units on the date

28  of such natural disaster or act of God, and their successors

29  and assigns, including the developer with respect to units

30  owned by the developer.  In the event of such an assessment,

31


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  1  all units shall be assessed in accordance with their ownership

  2  interest in the common elements as required by s. 718.115(2).

  3         2.  A developer or other person who owns condominium

  4  units or who has an obligation to pay condominium expenses may

  5  be excused from the payment of his or her share of the common

  6  expense which would have been assessed against those units

  7  during the period of time that he or she has guaranteed to

  8  each purchaser in the purchase contract, declaration, or

  9  prospectus, or by agreement between the developer and a

10  majority of the unit owners other than the developer, that the

11  assessment for common expenses of the condominium imposed upon

12  the unit owners would not increase over a stated dollar amount

13  and has obligated himself or herself to pay any amount of

14  common expenses incurred during that period and not produced

15  by the assessments at the guaranteed level receivable from

16  other unit owners. Notwithstanding this limitation, if a

17  developer-controlled association has maintained all insurance

18  coverages required by s. 718.111(11)(a), the common expenses

19  incurred during the guarantee period resulting from a natural

20  disaster or an act of God, which are not covered by insurance

21  proceeds from the insurance maintained by the association, may

22  be assessed against all unit owners owning units on the date

23  of such natural disaster or act of God, and their successors

24  and assigns, including the developer with respect to units

25  owned by the developer. In the event of such an assessment,

26  all units shall be assessed in accordance with their ownership

27  interest in the common elements as required by s. 718.115(2).

28  The guarantee may provide that after an initial stated period,

29  the developer has an option or options to extend the guarantee

30  for one or more additional stated periods.

31


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  1         Section 8.  Section 719.103, Florida Statutes, is

  2  amended to read:

  3         719.103  Definitions.--As used in this chapter:

  4         (1)  "Assessment" means a share of the funds required

  5  for the payment of common expenses, which from time to time is

  6  assessed against the unit owner.

  7         (2)  "Association" means the corporation for profit or

  8  not for profit that owns the record interest in the

  9  cooperative property or a leasehold of the property of a

10  cooperative and that is responsible for the operation of the

11  cooperative.

12         (3)  "Board of administration" means the board of

13  directors or other representative body responsible for

14  administration of the association.

15         (4)  "Buyer" means a person who purchases a

16  cooperative. The term "purchaser" may be used interchangeably

17  with the term "buyer."

18         (5)(4)  "Bylaws" means the bylaws of the association

19  existing from time to time.

20         (6)(5)  "Committee" means a group of board members,

21  unit owners, or board members and unit owners appointed by the

22  board or a member of the board to make recommendations to the

23  board regarding the association budget or take action on

24  behalf of the board.

25         (7)(6)  "Common areas" means the portions of the

26  cooperative property not included in the units.

27         (8)  "Common areas" includes within its meaning the

28  following:

29         (a)  The cooperative property which is not included

30  within the units.

31


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  1         (b)  Easements through units for conduits, ducts,

  2  plumbing, wiring, and other facilities for the furnishing of

  3  utility services to units and the common areas.

  4         (c)  An easement of support in every portion of a unit

  5  which contributes to the support of a building.

  6         (d)  The property and installations required for the

  7  furnishing of utilities and other services to more than one

  8  unit or to the common areas.

  9         (e)  Any other part of the cooperative property

10  designated in the cooperative documents as common areas.

11         (9)(7)  "Common expenses" means all expenses and

12  assessments properly incurred by the association for the

13  cooperative.

14         (10)(8)  "Common surplus" means the excess of all

15  receipts of the association--including, but not limited to,

16  assessments, rents, profits, and revenues on account of the

17  common areas--over the amount of common expenses.

18         (11)  "Conspicuous type" means type in capital letters

19  no smaller than the largest type on the page on which it

20  appears.

21         (12)(9)  "Cooperative" means that form of ownership of

22  real property wherein legal title is vested in a corporation

23  or other entity and the beneficial use is evidenced by an

24  ownership interest in the association and a lease or other

25  muniment of title or possession granted by the association as

26  the owner of all the cooperative property.

27         (13)(10)  "Cooperative documents" means:

28         (a)  The documents that create a cooperative,

29  including, but not limited to, articles of incorporation of

30  the association, bylaws, and the ground lease or other

31  underlying lease, if any.


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  1         (b)  The document evidencing a unit owner's membership

  2  or share in the association.

  3         (c)  The document recognizing a unit owner's title or

  4  right of possession to his or her unit.

  5         (14)(11)  "Cooperative parcel" means the shares or

  6  other evidence of ownership in a cooperative representing an

  7  undivided share in the assets of the association, together

  8  with the lease or other muniment of title or possession.

  9         (15)(12)  "Cooperative property" means the lands,

10  leaseholds, and personal property owned by a cooperative

11  association.

12         (16)(13)  "Developer" means a person who creates a

13  cooperative or who offers cooperative parcels for sale or

14  lease in the ordinary course of business, but does not include

15  the owner or lessee of a unit who has acquired or leased the

16  unit for his or her own occupancy, nor does it include a

17  condominium association which creates a cooperative by

18  conversion of an existing residential condominium after

19  control of the association has been transferred to the unit

20  owners if, following the conversion, the unit owners will be

21  the same persons.

22         (17)  "Division" means the Division of Florida Land

23  Sales, Condominiums and Mobile Homes of the Department of

24  Business and Professional Regulation.

25         (18)  "Limited common areas" means those common areas

26  which are reserved for the use of a certain cooperative unit

27  or units to the exclusion of other units, as specified in the

28  cooperative documents.

29         (19)(14)  "Operation" or "operation of the cooperative"

30  includes the administration and management of the cooperative

31  property.


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  1         (20)  "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         (21)  "Residential cooperative" means a cooperative

  5  consisting of cooperative units, any of which are intended for

  6  use as a private residence. A cooperative is not a residential

  7  cooperative if the use of the units is intended as primarily

  8  commercial or industrial and not more than three units are

  9  intended to be used for private residence, domicile, or

10  homestead, or if the units are intended to be used as housing

11  for maintenance, managerial, janitorial, or other operational

12  staff of the cooperative. If a cooperative is a residential

13  cooperative under this definition, but has units intended to

14  be commercial or industrial, then the cooperative is a

15  residential cooperative with respect to those units intended

16  for use as a private residence, domicile, or homestead, but

17  not a residential cooperative with respect to those units

18  intended for use commercially or industrially.

19         (22)(15)  "Unit" means a part of the cooperative

20  property which is subject to exclusive use and possession.  A

21  unit may be improvements, land, or land and improvements

22  together, as specified in the cooperative documents.

23         (23)(16)  "Unit owner" or "owner of a unit" means the

24  person holding a share in the cooperative association and a

25  lease or other muniment of title or possession of a unit that

26  is granted by the association as the owner of the cooperative

27  property.

28         (17)  "Residential cooperative" means a cooperative

29  consisting of cooperative units, any of which are intended for

30  use as a private residence.  A cooperative is not a

31  residential cooperative if the use of the units is intended as


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  1  primarily commercial or industrial and not more than three

  2  units are intended to be used for private residence, domicile,

  3  or homestead, or if the units are intended to be used as

  4  housing for maintenance, managerial, janitorial, or other

  5  operational staff of the cooperative.  If a cooperative is a

  6  residential cooperative under this definition, but has units

  7  intended to be commercial or industrial, then the cooperative

  8  is a residential cooperative with respect to those units

  9  intended for use as a private residence, domicile, or

10  homestead, but not a residential cooperative with respect to

11  those units intended for use commercially or industrially.

12         (18)  "Rental agreement" means any written agreement,

13  or oral agreement if for less duration than 1 year, providing

14  for use and occupancy of premises.

15         (19)  "Conspicuous type" means type in capital letters

16  no smaller than the largest type on the page on which it

17  appears.

18         (20)  "Limited common areas" means those common areas

19  which are reserved for the use of a certain cooperative unit

20  or units to the exclusion of other units, as specified in the

21  cooperative documents.

22         (21)  "Common areas" includes within its meaning the

23  following:

24         (a)  The cooperative property which is not included

25  within the units.

26         (b)  Easements through units for conduits, ducts,

27  plumbing, wiring, and other facilities for the furnishing of

28  utility services to units and the common areas.

29         (c)  An easement of support in every portion of a unit

30  which contributes to the support of a building.

31


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  1         (d)  The property and installations required for the

  2  furnishing of utilities and other services to more than one

  3  unit or to the common areas.

  4         (e)  Any other part of the cooperative property

  5  designated in the cooperative documents as common areas.

  6         Section 9.  Section 719.1035, Florida Statutes, is

  7  amended to read:

  8         719.1035  Creation of cooperatives.--The date when

  9  cooperative existence shall commence is upon commencement of

10  corporate existence of the cooperative association as provided

11  in s. 607.0203.  The cooperative documents must be recorded in

12  the county in which the cooperative is located before property

13  may be conveyed or transferred to the cooperative.  All

14  persons who have any record interest in any mortgage

15  encumbering the interest in the land being submitted to

16  cooperative ownership must either join in the execution of the

17  cooperative documents or execute, with the requirements for

18  deed, and record, a consent to the cooperative documents or an

19  agreement subordinating their mortgage interest to the

20  cooperative documents. Upon creation of a cooperative, the

21  developer or association shall file the recording information

22  with the division within 30 working days on a form prescribed

23  by the division.

24         Section 10.  Subsection (10) is added to section

25  719.104, Florida Statutes, to read:

26         719.104  Cooperatives; access to units; records;

27  financial reports; assessments; purchase of leases.--

28         (10)  NOTIFICATION OF DIVISION.--When the board of

29  directors intends to dissolve or merge the cooperative

30  association, the board shall so notify the division before

31


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  1  taking any action to dissolve or merge the cooperative

  2  association.

  3         Section 11.  Paragraphs (b) and (c) of subsection (1)

  4  of section 719.106, Florida Statutes, are amended to read:

  5         719.106  Bylaws; cooperative ownership.--

  6         (1)  MANDATORY PROVISIONS.--The bylaws or other

  7  cooperative documents shall provide for the following, and if

  8  they do not, they shall be deemed to include the following:

  9         (b)  Quorum; voting requirements; proxies.--

10         1.  Unless otherwise provided in the bylaws, the

11  percentage of voting interests required to constitute a quorum

12  at a meeting of the members shall be a majority of voting

13  interests, and decisions shall be made by owners of a majority

14  of the voting interests. Unless otherwise provided in this

15  chapter, or in the articles of incorporation, bylaws, or other

16  cooperative documents, and except as provided in subparagraph

17  (d)1., decisions shall be made by owners of a majority of the

18  voting interests represented at a meeting at which a quorum is

19  present.

20         2.  Except as specifically otherwise provided herein,

21  after January 1, 1992, unit owners may not vote by general

22  proxy, but may vote by limited proxies substantially

23  conforming to a limited proxy form adopted by the division.

24  Limited proxies and general proxies may be used to establish a

25  quorum.  Limited proxies shall be used for votes taken to

26  waive or reduce reserves in accordance with subparagraph

27  (j)2., for votes taken to amend the articles of incorporation

28  or bylaws pursuant to this section, and for any other matter

29  for which this chapter requires or permits a vote of the unit

30  owners.  Except as provided in paragraph (d), after January 1,

31  1992, no proxy, limited or general, shall be used in the


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  1  election of board members. General proxies may be used for

  2  other matters for which limited proxies are not required, and

  3  may also be used in voting for nonsubstantive changes to items

  4  for which a limited proxy is required and given.

  5  Notwithstanding the provisions of this section, unit owners

  6  may vote in person at unit owner meetings. Nothing contained

  7  herein shall limit the use of general proxies or require the

  8  use of limited proxies or require the use of limited proxies

  9  for any agenda item or election at any meeting of a timeshare

10  cooperative.

11         3.  Any proxy given shall be effective only for the

12  specific meeting for which originally given and any lawfully

13  adjourned meetings thereof.  In no event shall any proxy be

14  valid for a period longer than 90 days after the date of the

15  first meeting for which it was given.  Every proxy shall be

16  revocable at any time at the pleasure of the unit owner

17  executing it.

18         4.  A member of the board of administration or a

19  committee may submit in writing his or her agreement or

20  disagreement with any action taken at a meeting that the

21  member did not attend. This agreement or disagreement may not

22  be used as a vote for or against the action taken and may not

23  be used for the purposes of creating a quorum.

24         5.  When some or all of the board or committee members

25  meet by telephone conference, those board or committee members

26  attending by telephone conference may be counted toward

27  obtaining a quorum and may vote by telephone.  A telephone

28  speaker shall be utilized so that the conversation of those

29  board or committee members attending by telephone may be heard

30  by the board or committee members attending in person, as well

31  as by unit owners present at a meeting.


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  1         (c)  Board of administration meetings.--Meetings of the

  2  board of administration at which a quorum of the members is

  3  present shall be open to all unit owners.  Any unit owner may

  4  tape record or videotape meetings of the board of

  5  administration.  The right to attend such meetings includes

  6  the right to speak at such meetings with reference to all

  7  designated agenda items.  The division shall adopt reasonable

  8  rules governing the tape recording and videotaping of the

  9  meeting.  The association may adopt reasonable written rules

10  governing the frequency, duration, and manner of unit owner

11  statements. Adequate notice of all meetings shall be posted in

12  a conspicuous place upon the cooperative property at least 48

13  continuous hours preceding the meeting, except in an

14  emergency.  Any item not included on the notice may be taken

15  up on an emergency basis by at least a majority plus one of

16  the members of the board. Such emergency action shall be

17  noticed and ratified at the next regular meeting of the board.

18  However, written notice of any meeting at which nonemergency

19  special assessments, or at which amendment to rules regarding

20  unit use, will be considered shall be mailed or delivered to

21  the unit owners and posted conspicuously on the cooperative

22  property not less than 14 days prior to the meeting. Evidence

23  of compliance with this 14-day notice shall be made by an

24  affidavit executed by the person providing the notice and

25  filed among the official records of the association.  Upon

26  notice to the unit owners, the board shall by duly adopted

27  rule designate a specific location on the cooperative property

28  upon which all notices of board meetings shall be posted.

29  Notice of any meeting in which regular assessments against

30  unit owners are to be considered for any reason shall

31  specifically contain a statement that assessments will be


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  1  considered and the nature of any such assessments. Meetings of

  2  a committee to take final action on behalf of the board or to

  3  make recommendations to the board regarding the association

  4  budget are subject to the provisions of this paragraph.

  5  Meetings of a committee that does not take final action on

  6  behalf of the board or make recommendations to the board

  7  regarding the association budget are subject to the provisions

  8  of this section, unless those meetings are exempted from this

  9  section by the bylaws of the association. Notwithstanding any

10  other law to the contrary, the requirement that board meetings

11  and committee meetings be open to the unit owners is

12  inapplicable to meetings between the board or a committee and

13  the association's attorney, with respect to proposed or

14  pending litigation, when the meeting is held for the purpose

15  of seeking or rendering legal advice.

16         Section 12.  Subsection (6) is added to section

17  719.301, Florida Statutes, to read:

18         719.301  Transfer of association control.--

19         (6)  The division may adopt rules administering the

20  provisions of this section.

21         Section 13.  Subsection (7) is added to section

22  719.403, Florida Statutes, to read:

23         719.403  Phase cooperatives.--

24         (7)  Upon recording the cooperative documents or

25  amendments adding phases pursuant to this section, the

26  developer or association shall file the recording information

27  with the division within 30 working days on a form prescribed

28  by the division.

29         Section 14.  Subsection (1) of section 719.502, Florida

30  Statutes, is amended to read:

31         719.502  Filing prior to sale or lease.--


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  1         (1)(a)  A developer of a residential cooperative shall

  2  file with the division one copy of each of the documents and

  3  items required to be furnished to a buyer or lessee by ss.

  4  719.503 and 719.504, if applicable.  Until the developer has

  5  so filed, a contract for sale or lease of a unit for more than

  6  5 years shall be voidable by the purchaser or lessee prior to

  7  the closing of his or her purchase or lease of a unit. A

  8  developer shall not close on any contract for sale or contract

  9  for a lease period of more than 5 years until the developer

10  prepares and files with the division documents complying with

11  the requirements of this chapter and the rules promulgated by

12  the division and until the division notifies the developer

13  that the filing is proper. A developer shall not close on any

14  contract for sale or contract for a lease period of more than

15  5 years, as further provided in s. 719.503(1)(b), until the

16  developer prepares and delivers all documents required by s.

17  719.503(1)(b) to the prospective buyer.

18         (b)  The division may by rule develop filing, review,

19  and examination requirements and the relevant timetables

20  necessary to ensure compliance with the notice and disclosure

21  requirements of this section.

22         Section 15.  Paragraph (b) of subsection (1) of section

23  719.503, Florida Statutes, is amended to read:

24         719.503  Disclosure prior to sale.--

25         (1)  DEVELOPER DISCLOSURE.--

26         (b)  Copies of documents to be furnished to prospective

27  buyer or lessee.--Until such time as the developer has

28  furnished the documents listed below to a person who has

29  entered into a contract to purchase a unit or lease it for

30  more than 5 years, the contract may be voided by that person,

31  entitling the person to a refund of any deposit together with


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  1  interest thereon as provided in s. 719.202.  The contract may

  2  be terminated by written notice from the proposed buyer or

  3  lessee delivered to the developer within 15 days after the

  4  buyer or lessee receives all of the documents required by this

  5  section. The developer shall not close for 15 days following

  6  the execution of the agreement and delivery of the documents

  7  to the buyer as evidenced by a receipt for documents signed by

  8  the buyer unless the buyer is informed in the 15-day

  9  voidability period and agrees to close prior to the expiration

10  of the 15 days. The developer shall retain in his or her

11  records a separate signed agreement as proof of the buyer's

12  agreement to close prior to the expiration of said voidability

13  period. Said proof shall be retained for a period of 5 years

14  after the date of the closing transaction. The documents to be

15  delivered to the prospective buyer are the prospectus or

16  disclosure statement with all exhibits, if the development is

17  subject to the provisions of s. 719.504, or, if not, then

18  copies of the following which are applicable:

19         1.  The question and answer sheet described in s.

20  719.504, and cooperative documents, or the proposed

21  cooperative documents if the documents have not been recorded,

22  which shall include the certificate of a surveyor

23  approximately representing the locations required by s.

24  719.104.

25         2.  The documents creating the association.

26         3.  The bylaws.

27         4.  The ground lease or other underlying lease of the

28  cooperative.

29         5.  The management contract, maintenance contract, and

30  other contracts for management of the association and

31  operation of the cooperative and facilities used by the unit


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  1  owners having a service term in excess of 1 year, and any

  2  management contracts that are renewable.

  3         6.  The estimated operating budget for the cooperative

  4  and a schedule of expenses for each type of unit, including

  5  fees assessed to a shareholder who has exclusive use of

  6  limited common areas, where such costs are shared only by

  7  those entitled to use such limited common areas.

  8         7.  The lease of recreational and other facilities that

  9  will be used only by unit owners of the subject cooperative.

10         8.  The lease of recreational and other common areas

11  that will be used by unit owners in common with unit owners of

12  other cooperatives.

13         9.  The form of unit lease if the offer is of a

14  leasehold.

15         10.  Any declaration of servitude of properties serving

16  the cooperative but not owned by unit owners or leased to them

17  or the association.

18         11.  If the development is to be built in phases or if

19  the association is to manage more than one cooperative, a

20  description of the plan of phase development or the

21  arrangements for the association to manage two or more

22  cooperatives.

23         12.  If the cooperative is a conversion of existing

24  improvements, the statements and disclosure required by s.

25  719.616.

26         13.  The form of agreement for sale or lease of units.

27         14.  A copy of the floor plan of the unit and the plot

28  plan showing the location of the residential buildings and the

29  recreation and other common areas.

30

31


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  1         15.  A copy of all covenants and restrictions which

  2  will affect the use of the property and which are not

  3  contained in the foregoing.

  4         16.  If the developer is required by state or local

  5  authorities to obtain acceptance or approval of any dock or

  6  marina facilities intended to serve the cooperative, a copy of

  7  any such acceptance or approval acquired by the time of filing

  8  with the division pursuant to s. 719.502(1) or a statement

  9  that such acceptance or approval has not been acquired or

10  received.

11         17.  Evidence demonstrating that the developer has an

12  ownership, leasehold, or contractual interest in the land upon

13  which the cooperative is to be developed.

14         Section 16.  Section 719.621, Florida Statutes, is

15  created to read:

16         719.621  Rulemaking authority.--The division may adopt

17  rules to administer and ensure compliance with a developer's

18  obligations with respect to cooperative conversions concerning

19  the filing and noticing of intended conversions, rental

20  agreement extensions, rights of first refusal, and disclosures

21  and post-purchase protections.

22         Section 17.  Subsection (28) of section 721.05, Florida

23  Statutes, is amended to read:

24         721.05  Definitions.--As used in this chapter, the

25  term:

26         (28)  "Timeshare estate" means a right to occupy a

27  timeshare unit, coupled with a freehold estate or an estate

28  for years with a future interest in a timeshare property or a

29  specified portion thereof.  The term shall also mean an

30  interest in a condominium unit pursuant to s. 718.103 s.

31  718.103(22).


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  1         Section 18.  Subsection (1) of section 721.97, Florida

  2  Statutes, as created by CS for CS for SB 626 (1998) is amended

  3  to read:

  4         (1)  The Governor may appoint commissioners of deeds to

  5  take acknowledgments, proofs of execution, or oaths in any

  6  foreign country. The term of office is 4 years. Commissioners

  7  of deeds shall have authority to take acknowledgments, proofs

  8  of execution, and oaths in connection with the execution of

  9  any deed, mortgage, deed of trust, contract, power of

10  attorney, or any other writing to be used or recorded in

11  connection with a timeshare estate, timeshare license, any

12  property subject to a timeshare plan, or the operation of a

13  timeshare plan located within this state; provided such

14  instrument or writing is executed outside the United States.

15  Such acknowledgments, proofs of execution, and oaths must be

16  taken or made in the manner directed by the laws of this

17  state, including but not limited to s. 117.05(4), (5)(a) and

18  (6), Florida Statutes (1997) and certified by a commissioner

19  of deeds. The certification must be endorsed on or annexed to

20  the instrument or writing aforesaid and has the same effect as

21  if made or taken by a notary public licensed in this state.

22         Section 19.  The amendment to section 721.97(1),

23  Florida Statutes, made by section 18 of this act shall take

24  effect only if CS for HB 1125 (1998) becomes law, and shall

25  operate retroactively to the effective date of CS for CS for

26  SB 626 (1998).

27         Section 20.  This act shall take effect upon becoming a

28  law.

29

30

31


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