HB 291

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
9	Be It Enacted by the Legislature of the State of Florida:
10
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)  Prior to the developer relinquishing control of the
17	association pursuant to subsection (4), actions taken by members
18	of the board of administration designated by the developer are
19	considered actions taken by the developer, and the developer is
20	responsible to the association and its members for all such
21	actions.
22	(7)  In any claim against a developer by an association
23	alleging a defect in design, structural elements, construction,
24	or any mechanical, electrical, fire protection, plumbing, or
25	other element that requires a licensed professional for design
26	or installation under chapter 455, chapter 471, chapter 481,
27	chapter 489, or chapter 633, such defect must be examined and
28	certified by an appropriately licensed Florida engineer, design
29	professional, contractor, or otherwise licensed Florida
30	individual or entity.
31	(8)(6)  The division has authority to adopt rules pursuant
32	to the Administrative Procedure Act to ensure the efficient and
33	effective transition from developer control of a condominium to
34	the establishment of a unit-owner controlled association.
35	Section 2.  This act shall take effect July 1, 2005.

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