Unit owners may record (video or audit) meetings so long as the equipment does not produce distracting sounds or lights. 2000-302; s. 21, ch. "Historically, this started in New York City co-ops and in places like Miami, Washington, D.C., and San Francisco," says Bob Diamond, a partner at the law firm Reed Smith in Falls Church, Va., who helped write the Washington, D.C., condo act in 1976 and worked on the Uniform Condo Act, which 24 states have adopted. If your association has not done so already, consider encouraging the board to draft a policy outlining the items discussed here. The secretary shall cause the association to retain a directors written certification or educational certificate for inspection by the members for 5 years after a directors election or the duration of the directors uninterrupted tenure, whichever is longer. 2012-R-0339. Within 30 days after the associations opt-out vote, notice of the results of the opt-out vote must be mailed or hand delivered to all unit owners. The objective is to determine what homeowners will be charged for maintaining the common areas. The Declaration is more than a mere contract spelling out the rights and obligations of the parties. Unless otherwise provided in the bylaws, a board member appointed or elected under this section shall fill the vacancy for the unexpired term of the seat being filled. 82-199; s. 6, ch. Committee A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, is not eligible for board membership unless such felons civil rights have been restored for at least 5 years as of the date such person seeks election to the board. 77-222; s. 1, ch. You will go first. At least 14 days prior to such special meeting, the board shall hand deliver to each unit owner, or mail to each unit owner at the address last furnished to the association, a notice of the meeting. Special Assessments Against Florida Condo Owners: What Can Condo Unit Owners Do? See bylaw. 91-426; s. 3, ch. If there is no condominium property where notices can be posted, notices shall be mailed, delivered, or electronically transmitted to each unit owner at least 14 days before the meeting. This report has been updated by OLR Report 2017 . We serve the legal needs of individual condominium owners, home owners and cooperative owners in resolving disputes with their associations throughout Florida, including . Similarly, unit owner representatives such as property managers or family members have no right to attend meetings. Therefore, we strongly recommend talking with a Florida real estate lawyer to learn your rights. The validity of an action by the board is not affected if it is later determined that a board member is ineligible for board membership due to having been convicted of a felony. In Florida, the board of directors of a Florida condominium company (the "Condo Board") has the power to assess fees that must be paid by the individual condo unit owners (see Florida Statutes Sections 718.103(1) and (24) and 718.112(2)(g)). After notice is provided to each owner, a copy must be provided by the current owner to a new owner before closing and by a unit owner to a renter before signing a lease. This new legislation addresses some important issue for South Floridians and includes criminal consequences for Condo Boards that do bad things. As I recommend with all policies, the boards attorney should review the policy initially and the policy should be reviewed annually to ensure continued compliance with the Florida Statutes & F.A.C. 2015-97; s. 3, ch. 88-148; s. 7, ch. Board members may serve terms longer than 1 year if permitted by the bylaws or articles of incorporation. This chapter does not limit the use of general or limited proxies, require the use of general or limited proxies, or require the use of a written ballot or voting machine for any agenda item or election at any meeting of a timeshare condominium association or nonresidential condominium association. 91-103; ss. prohibiting specified parties from purchasing a unit at a foreclosure sale resulting from the associations foreclosure of association lien for unpaid assessments or from taking a deed in lieu of foreclosures, etc. The method by which the bylaws may be amended consistent with the provisions of this chapter shall be stated. Lets look at each of these individually. Restrictions on and requirements for the use, maintenance, and appearance of the units and the use of the common elements. 3 Types of Foreclosure DefensesIn Florida, 10 Reasons To Survey Your Property In Florida. A fine may not exceed $100 per violation; however, an additional fine up to $100 may be levied for each day a violation continues. Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members is a majority of the voting interests. Section 718.104 (5) Florida Statutes provides that a declaration of condominium, as originally recorded or as amended, may include restrictions concerning use, occupancy and transfer of units. Further, this provides an opportunity for non-owner residents to voice their opinion which is important particularly for properties with high rental rates. The board shall consist of not fewer than three members in condominiums with five or fewer units that are not-for-profit corporations. 2009-21; s. 10, ch. Unless otherwise provided in this chapter or in the declaration, articles of incorporation, or bylaws, and except as provided in subparagraph (d)4., decisions shall be made by a majority of the voting interests represented at a meeting at which a quorum is present. Regional Offices: SW Florida/Naples 3365 Woods Edge Circle, Suite 102, Bonita Springs, FL 34134 T (239) 495-3428 Broward/Ft Lauderdale 13794 NW 4th Street, Suite 208, Sunrise, FL 33325 T (954) 933-5644 Palm Beach 2385 NW Executive Center Drive, Suite 100, Boca Raton, FL 33431 T (561) 332-1360 Tampa 100 South Ashley Drive, Suite 1750, Tampa, FL 33602 T (813) 448-3981 . Florida law is constantlychanging. A: The Condominium Act specifies that the board of directors will manage the affairs of the corporation. Beware of condo board's right to reject buyer. The board of administration shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing. This subparagraph does not limit the term of a member of the board of a nonresidential or timeshare condominium. by Jacob Epstein and David Podein . Where the improvement is not . This can happen even if the Condo Board Member later proves that he or she was not in violation of the statutory language. No director has the authority to take any action on behalf of the board unless the action . Violin. If the board fails to duly notice and hold a board meeting within 5 full business days after service of an agreement in writing or within 5 full business days after the adjournment of the unit owner recall meeting, the recall shall be deemed effective and the board members so recalled shall turn over to the board within 10 full business days after the vote any and all records and property of the association. 77-221; ss. If found guilty, the convicted Condo Board Member will be sentenced for committing a felony of the third degree. Distributing packet documents keeps unit owners engaged during the meeting, may elicit useful comments from unit owners, and helps to maintain positive unit owner-association relations. In lieu of or in addition to the physical posting of the notice on the condominium property, the association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the condominium association. A prosecutor in the local state attorneys office will have the power to prosecute a condo board member after that member has been arrested and charged for things like: The Condo law has been amended so that kickbacks are added into the statute. I would require that the request be made at least 24 hours in advance of the meeting. prohibiting an officer, director, or manager of a condominium association from soliciting, offering to accept, or accepting a kickback for which consideration has not been provided; prohibiting an association from hiring an attorney who represents the management company of the association; requiring the Division of Florida Condominiums, Timeshares, and Mobile Homes to maintain and provide copies of financial reports; authorizing, rather than requiring, the division to employ full-time attorneys to conduct certain arbitration hearings; and. ryan@flcondoassociationadvisor.com. In a residential condominium association of more than 10 units or in a residential condominium association that does not include timeshare units or timeshare interests, coowners of a unit may not serve as members of the board of directors at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. Does he or she have to be reported to the State DBPR/???? Per Florida Statute 718.112(2)(c) and Florida Administrative Code 61B-23: 1. Condo owners have been frustrated by their inability to fight back and shocked at how blatant some of these Board Members are in abusing their powers. The amount to be reserved must be computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item. Except in a timeshare or nonresidential condominium, or if the staggered term of a board member does not expire until a later annual meeting, or if all members terms would otherwise expire but there are no candidates, the terms of all board members expire at the annual meeting, and such members may stand for reelection unless prohibited by the bylaws. For more on Florida Condominium issues, see: Do you have questions or comments? a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples . from NYU. A unit owner who consents to receiving notices by electronic transmission is solely responsible for removing or bypassing filters that block receipt of mass emails sent to members on behalf of the association in the course of giving electronic notices. A voting interest or consent right allocated to a unit owned by the association may not be exercised or considered for any purpose, whether for a quorum, an election, or otherwise. 2004-345; s. 4, ch. Upon purchase of the condo, owners become members of the association. (1) If a landlord requires a prospective tenant to complete a rental application before residing in a rental unit, the landlord must complete processing of a rental application submitted by a prospective tenant who is a servicemember, as defined in s. 250.01, within 7 . However, some association boards of directors are under the misconception that they can easily develop and implement new leasing restrictions via a board vote, and that they have the authority to approve or reject prospective tenants as they please without facing any scrutiny of their decisions. The owners of units shall be shareholders or members of the association. 2013-159; s. 3, ch. However, if broadcast notice is used in lieu of a notice physically posted on condominium property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section. Under the new Condo Law, if there is a forged ballot or voting certificate in a condo election, then it is a crime punishable under Florida Statute 831.01, the state criminal law against forgery. Over $100 and this becomes a felony of the third degree. again amended Florida's Condominium Act to cap the fee for estoppel letters at $250. Questions arise, however, when non-agenda topics are introduced. The bylaws must provide the method of calling meetings of unit owners, including annual meetings. Once signed by Florida Governor Rick Scott, the changes to the Florida Condominium Act will be effective within a matter of weeks. This essentially leaves boards with two options: (1) allow unit owners the right to speak on all agenda items at one specific point in the meeting (typically near the beginning), or (2) allow unit owners the right to speak on each agenda item prior to the board voting on each item. However, if broadcast notice is used in lieu of a notice posted physically on the condominium property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section. Under the new Condo Law, any Condo Board Member that fails to obey the terms of certain provisions of the statute must be removed from the Condo Board. Attendance: The policy should explain which types of board and committee meetings unit owners may attend per Florida Statutes, F.A.C., and the communitys bylaws. In such a case, any additional inquiry or inquiries must be responded to in the subsequent 30-day period, or periods, as applicable. The Florida Statutes and Florida Administrative Code (F.A.C) provide limited guidance on unit owner rights and conduct at board & committee meetings, leaving it to the board to determine specifics. Copyright 2023 AboutFloridaLaw.com. The policy may also stipulate that if a unit owner would like a specific item on the agenda, they should contact the association a certain number of days in advance of the meeting. Upon notice to the unit owners, the board shall, by duly adopted rule, designate a specific location on the condominium property where all notices of board meetings must be posted. This post will review the law surrounding unit owner rights at board & committee meetings, and provide specific policy construction recommendations for board members. Condo Board Members Can Be Arrested for Violating a Criminal Statute, It Started With Media Expose by el Nuevo Herald/Univision 23, Condo Owners Given Power in New Legislation, Common Lawsuits Against Florida Condominium Boards. Given the above, I recommend allowing unit owners to request that a copy of the packet be made available to them at the meeting. If the amount in controversy (taken or stolen) is high enough, then the convicted Condo Board Member faces sentencing for a felony of the first degree. Unit owners have the right to participate in meetings of unit owners with reference to all designated agenda items. A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any monetary obligation due to the association, is not eligible to be a candidate for board membership and may not be listed on the ballot. Further, the policy should specify (1) whether recording devices must be set up in advance of the meeting, (2) a location in the meeting room where recording devices may be placed, and (3) whether recording devices must be stationary during the meeting. Vacancies are filled for the unexpired term of the seat being filled, unless otherwise provided in the bylaws. Theft or embezzlement of condo funds is defined as a crime punishable under Florida Statute 812.014, the state criminal law against theft. Unless the bylaws provide otherwise, any remaining vacancies shall be filled by the affirmative vote of the majority of the directors making up the newly constituted board even if the directors constitute less than a quorum or there is only one director. Speaking: The policy should specify (1) about what topics unit owners may speak, (2) when unit owners may speak, and (3) for how long they may speak. August 07, 2012. Disclaimer: The information on this system is unverified. Notice of meetings of the board of administration, unit owner meetings, except unit owner meetings called to recall board members under paragraph (j), and committee meetings may be given by electronic transmission to unit owners who consent to receive notice by electronic transmission. Marc Rodriguez, LCAM, CMCA, director of management services for Association Services of Florida often finds that the community association manager (CAM) will prepare the first draft. In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property. The requirements for the preparation of the annual budget for condominium associations are set forth in Section 718.112 (2) (f) FS; and for homeowners' associations, in Section 720.303 (6) FS. Each proxy is revocable at any time at the pleasure of the unit owner executing it. The Declaration is the statutorily declared document of creation. NOTE: We will not be discussing agendas or meeting notices in this post. See, "Good law goes after condo abuses," an editorial published on May 1, 2017, by the Miami Herald Editorial Board. Failure to have such written certification or educational certificate on file does not affect the validity of any board action. The board president responsibilities include running the condo efficiently and are required to consult with professionals such as accountants, contractors and attorneys. Additionally, Section 718.110 (13) of the Florida Condominium Act provides that certain amendments concerning leasing only apply to those unit owners who vote for the amendment, or who take title after the effective date of the amendment. 2011-196; s. 5, ch. Tampering with evidence is a felony of the third degree; obstruction is a misdemeanor of the first degree. The association may require a minimum credit score. If you believe you have been treated unfairly by your architectural review board, we welcome you to contact us at (954) 966-3909. 2008-28; s. 88, ch. The new Condo Board law does more. Rule 61B-23, Florida Condominium Association Board Members Voting By Proxy, Interviewing a Florida Community Association Management Company: Part 2, Florida Statute 718.111(13): Everything You Need to Know About the Florida Condominium Association Year-End Financial Reporting Requirement, Interviewing a Florida Community Association Management Company: 5 Important but Frequently Overlooked Questions, Florida Condominium Association Frequently Asked Questions and Answers Sheet, The Florida Administrative Code (F.A.C.) Not only are kickbacks to a Condo Board Member to be considered subject to a civil penalty under Florida Statute 718.501(1)(d), taking a kickback is also defined as a crime in Florida Statute 617.0834. Moving or adding plumbing or electrical services. Meetings of a committee to take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this paragraph. Board Member Materials: One infrequently discussed but relevant issue is a unit owners right to a copy of the boards information packet. Skip to Navigation | Skip to Main Content | Skip to Site Map. HOAs look at your credit report to ensure you can afford to pay your HOA fees and dues. 2013-122; s. 1, ch. In the absence of such a provision, the board of administration shall be composed of five members, unless the condominium has five or fewer units. 1. No longer does this process require any input from members! Unless a unit owner waives in writing the right to receive notice of the annual meeting, such notice must be hand delivered, mailed, or electronically transmitted to each unit owner. Florida SB1682 will be effective on July 1, 2017, as an amendment to Florida Statute 718.111, as follows: Read the text of the new law (amended Florida Statute 718.111) here. 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