Florida Senate - 2014 SB 1546
By Senator Latvala
20-01228-14 20141546__
1 A bill to be entitled
2 An act relating to condominiums; amending s. 718.117,
3 F.S.; clarifying legislative intent; providing
4 requirements for unit owners facing optional
5 termination who do not want to relinquish their
6 property; defining the term “fair market value”;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsections (1) and (3) of section 718.117,
12 Florida Statutes, are amended to read:
13 718.117 Termination of condominium.—
14 (1) LEGISLATIVE FINDINGS.—The Legislature finds that
15 condominiums are created as authorized by statute. In
16 circumstances that may create economic waste, areas of
17 disrepair, or obsolescence of a condominium property for its
18 intended use and thereby lower property tax values, the
19 Legislature further finds that it is the public policy of this
20 state to provide by statute a method to preserve the value of
21 the property interests and the rights of alienation thereof that
22 owners have in the condominium property before and after
23 termination. The Legislature further finds that it is contrary
24 to the public policy of this state to require the continued
25 operation of a condominium when to do so constitutes economic
26 waste or when the ability to do so is made impossible by law or
27 regulation. The Legislature does not intend that termination be
28 used to replace individual property rights of single unit
29 owners, or groups of owners, against their will except as
30 provided in subsection (2). This section applies to all
31 condominiums in this state in existence on or after July 1,
32 2007.
33 (3) OPTIONAL TERMINATION.—
34 (a) Except as provided in subsection (2) or unless the
35 declaration provides for a lower percentage, the condominium
36 form of ownership may be terminated for all or a portion of the
37 condominium property pursuant to a plan of termination approved
38 by at least 80 percent of the total voting interests of the
39 condominium if no more than 10 percent of the total voting
40 interests of the condominium have rejected the plan of
41 termination by negative vote or by providing written objections.
42 This subsection does not apply to condominiums in which 75
43 percent or more of the units are timeshare units.
44 (b) If termination is for reasons other than those provided
45 in subsection (2), regardless of the percentage of total voting
46 interests rejecting or approving the plan of termination under
47 paragraph (a), owners who do not want to relinquish their
48 property shall receive compensation equal to 110 percent of the
49 original purchase price of his or her unit or 110 percent of the
50 fair market value of his or her unit, whichever is greater. For
51 purposes of this subsection, the term “fair market value” means
52 the price of a unit that a seller is willing to accept and a
53 buyer is willing to pay on the open market in an arms-length
54 transaction based on similar units sold in other condominiums,
55 not including units sold at wholesale or at distressed prices,
56 but including those sold in bulk purchases.
57 Section 2. This act shall take effect July 1, 2014.