HB 1017

1
A bill to be entitled
2An act relating to condominiums and cooperatives; creating
3s. 718.1085, F.S.; authorizing certain condominiums,
4condominium associations, and unit owners to opt out of
5retrofitting requirements with respect to handrails and
6guardrails; prescribing limits on such authority; amending
7s. 719.1055, F.S.; authorizing certain cooperatives and
8unit owners to opt out of retrofitting requirements with
9respect to handrails and guardrails; prescribing limits on
10such authority; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 718.1085, Florida Statutes, is created
15to read:
16     718.1085  Certain regulations not to be retroactively
17applied.--Notwithstanding the provisions of chapter 633 or of
18any other code, statute, ordinance, administrative rule, or
19regulation, or any interpretation thereof, an association,
20condominium, or unit owner is not obligated to retrofit the
21common elements or units of a residential condominium that meets
22the definition of "housing for older persons" in subparagraph
23760.29(4)(b)3. to comply with requirements relating to handrails
24and guardrails if the unit owners have voted to forego such
25retrofitting by the affirmative vote of two-thirds of all voting
26interests in the affected condominium. However, a condominium
27association may not vote to forego the retrofitting in common
28areas in a high-rise building. For the purposes of this section,
29the term "high-rise building" means a building that is greater
30than 75 feet in height where the building height is measured
31from the lowest level of fire department access to the floor of
32the highest occupiable level. For the purposes of this section,
33the term "common areas" means stairwells and exposed, outdoor
34walkways and corridors. In no event shall the local authority
35having jurisdiction require retrofitting of common areas with
36handrails and guardrails before the end of 2014.
37     (1)  A vote to forego retrofitting may not be obtained by
38general proxy or limited proxy, but shall be obtained by a vote
39personally cast at a duly called membership meeting, or by
40execution of a written consent by the member, and shall be
41effective upon the recording of a certificate attesting to such
42vote in the public records of the county where the condominium
43is located. The association shall provide each unit owner
44written notice of the vote to forego retrofitting of the
45required handrails or guardrails, or both, in at least 16-point
46bold type, by certified mail, within 20 days after the
47association's vote. After such notice is provided to each owner,
48a copy of such notice shall be provided by the current owner to
49a new owner prior to closing and shall be provided by a unit
50owner to a renter prior to signing a lease.
51     (2)  As part of the information collected annually from
52condominiums, the division shall require condominium
53associations to report the membership vote and recording of a
54certificate under this subsection and, if retrofitting has been
55undertaken, the per-unit cost of such work. The division shall
56annually report to the Division of State Fire Marshal of the
57Department of Financial Services the number of condominiums that
58have elected to forego retrofitting.
59     Section 2.  Subsection (6) is added to section 719.1055,
60Florida Statutes, to read:
61     719.1055  Amendment of cooperative documents; alteration
62and acquisition of property.--
63     (6)  Notwithstanding the provisions of chapter 633 or of
64any other code, statute, ordinance, administrative rule, or
65regulation, or any interpretation thereof, a cooperative or unit
66owner is not obligated to retrofit the common elements or units
67of a residential cooperative that meets the definition of
68"housing for older persons" in subparagraph 760.29(4)(b)3. to
69comply with requirements relating to handrails and guardrails in
70a building that has been certified for occupancy by the
71applicable governmental entity, if the unit owners have voted to
72forego such retrofitting by the affirmative vote of two-thirds
73of all voting interests in the affected cooperative. However, a
74cooperative may not forego the retrofitting in common areas in a
75high-rise building. For purposes of this subsection, the term
76"high-rise building" means a building that is greater than 75
77feet in height where the building height is measured from the
78lowest level of fire department access to the floor of the
79highest occupiable story. For purposes of this subsection, the
80term "common areas" means stairwells and exposed, outdoor
81walkways and corridors. In no event shall the local authority
82having jurisdiction require completion of retrofitting of common
83areas with handrails and guardrails before the end of 2014.
84     (a)  A vote to forego retrofitting may not be obtained by
85general proxy or limited proxy, but shall be obtained by a vote
86personally cast at a duly called membership meeting, or by
87execution of a written consent by the member, and shall be
88effective upon the recording of a certificate attesting to such
89vote in the public records of the county where the cooperative
90is located. The association shall provide each unit owner
91written notice of the vote to forego retrofitting of the
92required handrails or guardrails, or both, in at least 16-point
93bold type, by certified mail, within 20 days after the
94association's vote. After such notice is provided to each owner,
95a copy of such notice shall be provided by the current owner to
96a new owner prior to closing and shall be provided by a unit
97owner to a renter prior to signing a lease.
98     (b)  As part of the information collected annually from
99cooperatives, the division shall require associations to report
100the membership vote and recording of a certificate under this
101subsection and, if retrofitting has been undertaken, the per-
102unit cost of such work. The division shall annually report to
103the Division of State Fire Marshal of the Department of
104Financial Services the number of cooperatives that have elected
105to forego retrofitting.
106     Section 3.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.