| 1 | A bill to be entitled |
| 2 | An act relating to condominiums; amending s. 718.301, |
| 3 | F.S.; providing for the effect of actions taken by members |
| 4 | of the board of administration of an association |
| 5 | designated by the developer; requiring examination and |
| 6 | certification of certain defects by certain licensed |
| 7 | individuals or entities; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (6) of section 718.301, Florida |
| 12 | Statutes, is renumbered as subsection (8), and new subsections |
| 13 | (6) and (7) are added to said section, to read: |
| 14 | 718.301 Transfer of association control; claims of defect |
| 15 | by association.-- |
| 16 | (6) Actions taken by members of the board of |
| 17 | administration designated by the developer are considered |
| 18 | actions taken by the developer, and the developer is responsible |
| 19 | to the association and its members for all such actions. |
| 20 | (7) In any claim against a developer by an association |
| 21 | alleging a defect in design, structural elements, construction, |
| 22 | or any mechanical, electrical, fire protection, plumbing, or |
| 23 | other element that requires a licensed professional for design |
| 24 | or installation under chapter 455, chapter 471, chapter 481, |
| 25 | chapter 489, or chapter 633, such defect must be examined and |
| 26 | certified by an appropriately licensed Florida engineer, design |
| 27 | professional, contractor, or otherwise licensed Florida |
| 28 | individual or entity. |
| 29 | (8)(6) The division has authority to adopt rules pursuant |
| 30 | to the Administrative Procedure Act to ensure the efficient and |
| 31 | effective transition from developer control of a condominium to |
| 32 | the establishment of a unit-owner controlled association. |
| 33 | Section 2. This act shall take effect July 1, 2005. |