1 | A bill to be entitled |
2 | An act relating to condominiums and cooperatives; creating |
3 | s. 718.1085, F.S.; authorizing certain condominiums, |
4 | condominium associations, and unit owners to opt out of |
5 | retrofitting requirements with respect to handrails and |
6 | guardrails; prescribing limits on such authority; amending |
7 | s. 719.1055, F.S.; authorizing certain cooperatives and |
8 | unit owners to opt out of retrofitting requirements with |
9 | respect to handrails and guardrails; prescribing limits on |
10 | such authority; providing an effective date. |
11 |
|
12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
|
14 | Section 1. Section 718.1085, Florida Statutes, is created |
15 | to read: |
16 | 718.1085 Certain regulations not to be retroactively |
17 | applied.--Notwithstanding the provisions of chapter 633 or of |
18 | any other code, statute, ordinance, administrative rule, or |
19 | regulation, or any interpretation thereof, an association, |
20 | condominium, or unit owner is not obligated to retrofit the |
21 | common elements or units of a residential condominium that meets |
22 | the definition of "housing for older persons" in subparagraph |
23 | 760.29(4)(b)3. to comply with requirements relating to handrails |
24 | and guardrails if the unit owners have voted to forego such |
25 | retrofitting by the affirmative vote of two-thirds of all voting |
26 | interests in the affected condominium. However, a condominium |
27 | association may not vote to forego the retrofitting in common |
28 | areas in a high-rise building. For the purposes of this section, |
29 | the term "high-rise building" means a building that is greater |
30 | than 75 feet in height where the building height is measured |
31 | from the lowest level of fire department access to the floor of |
32 | the highest occupiable level. For the purposes of this section, |
33 | the term "common areas" means stairwells and exposed, outdoor |
34 | walkways and corridors. In no event shall the local authority |
35 | having jurisdiction require retrofitting of common areas with |
36 | handrails and guardrails before the end of 2014. |
37 | (1) A vote to forego retrofitting may not be obtained by |
38 | general proxy or limited proxy, but shall be obtained by a vote |
39 | personally cast at a duly called membership meeting, or by |
40 | execution of a written consent by the member, and shall be |
41 | effective upon the recording of a certificate attesting to such |
42 | vote in the public records of the county where the condominium |
43 | is located. The association shall provide each unit owner |
44 | written notice of the vote to forego retrofitting of the |
45 | required handrails or guardrails, or both, in at least 16-point |
46 | bold type, by certified mail, within 20 days after the |
47 | association's vote. After such notice is provided to each owner, |
48 | a copy of such notice shall be provided by the current owner to |
49 | a new owner prior to closing and shall be provided by a unit |
50 | owner to a renter prior to signing a lease. |
51 | (2) As part of the information collected annually from |
52 | condominiums, the division shall require condominium |
53 | associations to report the membership vote and recording of a |
54 | certificate under this subsection and, if retrofitting has been |
55 | undertaken, the per-unit cost of such work. The division shall |
56 | annually report to the Division of State Fire Marshal of the |
57 | Department of Financial Services the number of condominiums that |
58 | have elected to forego retrofitting. |
59 | Section 2. Subsection (6) is added to section 719.1055, |
60 | Florida Statutes, to read: |
61 | 719.1055 Amendment of cooperative documents; alteration |
62 | and acquisition of property.-- |
63 | (6) Notwithstanding the provisions of chapter 633 or of |
64 | any other code, statute, ordinance, administrative rule, or |
65 | regulation, or any interpretation thereof, a cooperative or unit |
66 | owner is not obligated to retrofit the common elements or units |
67 | of a residential cooperative that meets the definition of |
68 | "housing for older persons" in subparagraph 760.29(4)(b)3. to |
69 | comply with requirements relating to handrails and guardrails in |
70 | a building that has been certified for occupancy by the |
71 | applicable governmental entity, if the unit owners have voted to |
72 | forego such retrofitting by the affirmative vote of two-thirds |
73 | of all voting interests in the affected cooperative. However, a |
74 | cooperative may not forego the retrofitting in common areas in a |
75 | high-rise building. For purposes of this subsection, the term |
76 | "high-rise building" means a building that is greater than 75 |
77 | feet in height where the building height is measured from the |
78 | lowest level of fire department access to the floor of the |
79 | highest occupiable story. For purposes of this subsection, the |
80 | term "common areas" means stairwells and exposed, outdoor |
81 | walkways and corridors. In no event shall the local authority |
82 | having jurisdiction require completion of retrofitting of common |
83 | areas with handrails and guardrails before the end of 2014. |
84 | (a) A vote to forego retrofitting may not be obtained by |
85 | general proxy or limited proxy, but shall be obtained by a vote |
86 | personally cast at a duly called membership meeting, or by |
87 | execution of a written consent by the member, and shall be |
88 | effective upon the recording of a certificate attesting to such |
89 | vote in the public records of the county where the cooperative |
90 | is located. The association shall provide each unit owner |
91 | written notice of the vote to forego retrofitting of the |
92 | required handrails or guardrails, or both, in at least 16-point |
93 | bold type, by certified mail, within 20 days after the |
94 | association's vote. After such notice is provided to each owner, |
95 | a copy of such notice shall be provided by the current owner to |
96 | a new owner prior to closing and shall be provided by a unit |
97 | owner to a renter prior to signing a lease. |
98 | (b) As part of the information collected annually from |
99 | cooperatives, the division shall require associations to report |
100 | the membership vote and recording of a certificate under this |
101 | subsection and, if retrofitting has been undertaken, the per- |
102 | unit cost of such work. The division shall annually report to |
103 | the Division of State Fire Marshal of the Department of |
104 | Financial Services the number of cooperatives that have elected |
105 | to forego retrofitting. |
106 | Section 3. This act shall take effect July 1, 2004. |