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Reso 2024-3630
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Reso 2024-3630
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Last modified
2/22/2024 4:44:54 PM
Creation date
2/22/2024 10:43:59 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3630
Date (mm/dd/yyyy)
02/15/2024
Description
Expressing Support of FL Senate Bill 1178, relating to Governance of Condo & Cooperative Associations & the practive of Community Assoc Management.
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BILL: CS/SB 1178 <br />Page 7 <br />• Requires that a phase one milestone inspection must commence within 180 days after an <br />association receives a written notice from the local enforcement agency. <br />• Provides the minimum contents of a milestone inspection report. <br />• Requires inspection report results to be provided to local building officials and the affected <br />association. <br />• Requires that the contract between an association that is subject to the milestone inspection <br />requirement and a community association manager (CAM) or CAM firm must require <br />compliance with those requirements as directed by the board. <br />• Requires the local enforcement agency to review and determine if a building is safe for <br />human occupancy if an association fails to submit proof that repairs for substantial <br />deterioration have been scheduled or begun within at least 365 days after the local <br />enforcement agency receives a phase two inspection report. <br />Within 45 days after receiving a milestone inspection report, the condominium or cooperative <br />association must distribute a copy of an inspector -prepared summary of the inspection report to <br />each condominium unit owner or cooperative unit owner. The inspector -prepared summary must <br />be provided to unit owners, regardless of the findings or recommendations in the report, by <br />United States mail or personal delivery at the mailing address, property address, or any other <br />address of the owner provided to fulfill the association's notice requirements under ch. 718, F.S., <br />or ch. 719, F.S., as applicable, and by electronic transmission to the e-mail address or facsimile <br />number provided to fulfill the association's notice requirements to unit owners who previously <br />consented to receive notice by electronic transmission. The association must also post a copy of <br />the inspector -prepared summary in a conspicuous place on the condominium or cooperative <br />property and must publish the full report and inspector -prepared summary on the association's <br />website, if the association is required to have a website. <br />Condominium and Cooperative Associations <br />Chapters 718 and 719, F.S. <br />Chapter 718, F.S., relating to condominiums, and ch. 719, F.S., relating to cooperatives, provide <br />for the governance of these community associations. The chapters delineate requirements for <br />notices of meetings,8 recordkeeping requirements, including which records are accessible to the <br />members of the association,9 and financial reporting. 10 Timeshare condominiums are generally <br />governed by ch. 721, F.S., the "Florida Vacation Plan and Timesharing Act." <br />The Division of Florida Condominiums, Timeshares, and Mobile Homes (division) within the <br />Department of Business and Professional Regulation (DBPR) administers the provisions of <br />chs. 718 and 719, F.S., for condominium and cooperative associations, respectively. <br />Condominiums <br />A condominium is a "form of ownership of real property created under ch. 718, F.S,"11 the <br />"Condominium Act." Condominium unit owners are in a unique legal position because they are <br />8 See ss. 718.112(2) and 719.106(2)(c), F.S., for condominium and cooperative associations, respectively. <br />9 See ss. 718.111(12) and 719.104(2), F.S., for condominium and cooperative associations, respectively. <br />io See ss. 718.111(13) and 719.104(4), F.S., for condominium and cooperative associations, respectively. <br />" Section 718.103(l 1), F.S. <br />317 <br />
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