| 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 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 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. |