As previously discussed in this column, the Legislature adopted SB4-D effective May 26, 2022. In addition to imposing new requirements for structural inspections for buildings of 3 stories or more in height, and significantly changing the reserve laws, the new law also creates new reporting requirements for condominium and cooperative associations.
The law requires that every condominium or cooperative association report specific information to the Division of Florida Condominiums, Timeshares, and Mobile Homes, no later than January 1, 2023. The information must be reported to the Division on “a form posted on the Division’s website.” The Division has now posted that form on its website.
The information that must be reported includes the number of buildings on the property that are 3 stories or more in height, the number of units in such buildings, the addresses of all such buildings, and the counties of which such buildings are located. The Division’s form can be located at http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/building-report/.
Associations must report any change to the required information within 6 months of the change, though it is not clear what could actually change. The statute also requires the Division to compile a list of the number of buildings on condominium or cooperative property which are 3 stories or more in height, which is searchable by county. That list must be posted to the Division’s website.
Q: When a special meeting of the board requires 14 days’ notice to adopt special assessments or rules affecting unit use, what documents are required to go out with the notice? Is the special meeting notice considered to be the agenda? (V.P., via e-mail)
A: Under both the Florida Homeowners’ Association and Condominium Acts, adequate notice of all board meetings is required. For condominiums, the required notice must specifically identify all agenda items. An agenda including the time, place, and location of the board meeting generally serves as the required notice.
For homeowners’ associations, the notice of a board meeting where a special assessment will be considered must include a statement that assessments will be considered and the nature of the assessments. For condominiums, the notice must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for the assessments.
Notice of board meetings where amendments to rules affecting unit/parcel use, must state that such rules will be considered. The law does not require a specific agenda identification of what rules are up for potential change, though it is often a good idea to include that information. The law also does not require copies of the proposed changes to be sent with the notice, though there is no prohibition against doing so.
For condominium associations that operate any condominium of 150 units or more, the law is a little stricter. The statute requires these associations to have a website, and the statute requires more content on the website than is otherwise the case.
Keep in mind that these are the minimum requirements of the statute and not necessarily what any particular association has to do. Your governing documents must also be reviewed, and any procedures contained in the documents must be followed. Also, some documents require an owner vote for special assessments or rule changes, so the association’s attorney should be asked to determine whether the planned vote is within the board’s legal authority.
Q: My homeowners’ association recently suspended me, my wife and my whole family from using the common facilities, for 60 days. This arose from a dispute with me, not my family. Can they do this? (P.R., via e-mail)
A: Section 720.305(2)(a) of the Florida Homeowners’ Association Act states that suspensions “apply to a member and, when appropriate, the member’s tenants, guests, or invitees.” The statute is not a model of clarity as to what “when appropriate” means, nor does it specifically address residents of a home, particularly if your wife is a co-owner and a “member” in her own right.
Sorry, but this one is “too close to call” as a general statement of the law and would depend on the facts of your case and the provisions of your community governing documents.
Originally posted on floridacondohoalawblog.com Written by Joseph E. Adams of Becker & Poliakoff, P.A.,