Senate Bill sb1492

    Florida Senate - 2005                                  SB 1492

    By Senator Clary





    4-320C-05

  1                      A bill to be entitled

  2         An act relating to condominiums; amending s.

  3         718.301, F.S.; providing for the effect of

  4         actions taken by members of the board of

  5         administration of an association before the

  6         developer relinquishes control of the

  7         association; requiring examination and

  8         certification of certain defects by certain

  9         licensed individuals or entities; providing an

10         effective date.

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

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14         Section 1.  Subsection (6) of section 718.301, Florida

15  Statutes, is renumbered as subsection (8), and new subsections

16  (6) and (7) are added to that section, to read:

17         718.301  Transfer of association control.--

18         (6)  During the period prior to the time that the

19  developer relinquishes control of the association pursuant to

20  subsection (4), actions taken by members of the board of

21  administration designated by the developer are considered

22  actions taken by the developer, and the developer is

23  responsible to the association and its members for all such

24  actions.

25         (7)  In any claim against a developer by an association

26  alleging a defect in design, structural elements,

27  construction, or any mechanical, electrical, fire protection,

28  plumbing, or other element that requires a licensed

29  professional for design or installation under chapter 455,

30  chapter 471, chapter 481, chapter 489, or chapter 633, such

31  defect must be examined and certified by an appropriately

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    Florida Senate - 2005                                  SB 1492
    4-320C-05




 1  licensed Florida engineer, design professional, contractor, or

 2  otherwise licensed Florida individual or entity.

 3         (8)(6)  The division has authority to adopt rules

 4  pursuant to the Administrative Procedure Act to ensure the

 5  efficient and effective transition from developer control of a

 6  condominium to the establishment of a unit-owner controlled

 7  association.

 8         Section 2.  This act shall take effect July 1, 2005.

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11                          SENATE SUMMARY

12    Provides that actions taken by a member of the board of
      administration of a condominium association who is
13    designated by the developer are considered actions of the
      developer. Specifies the appropriate licensed individuals
14    or entities that may examine and certify claims against a
      developer alleging certain defects.
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CODING: Words stricken are deletions; words underlined are additions.