If the condominium building is less than three stories, then, in addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance. These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000. The association may adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance. Bureau of Standards and Registration: The Bureau of Standards and Registration reviews and approves all public disclosure documentation that is prepared by developers offering condominiums, cooperatives, timeshares, and subdivided lands. The bureau also enforces and ensures compliance with management of residential condominium units and complaints related to the procedural completion of milestone inspections while under developer control. The bill designates strawberry shortcake with natural Florida dairy topping as the state dessert. The laws passed during the 2022 regular and special sessions were subsequently addressed during the 2023 legislative session. We outline the laws passed during that session in the next section.
The SIRS may be performed by a person qualified to perform such a study. However, the visual inspection portion of the SIRS MUST be performed by an engineer licensed under F.S. 471 or an architect licensed under F.S. 481. At a minimum, a SIRS must: ● Identify the common areas being visually inspected. ● State the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of the common areas being visually inspected. ● Provide a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each common area being visually inspected by the end of the estimated remaining useful life of each common area. The amount to be reserved for an item is determined by the association’s most recent SIRS that must be completed by December 31, 2024. If the amount to be reserved for an item is not in the association’s initial or most recent SIRS or the association has not completed a SIRS, the amount must be computed using a formula based on the estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item. State Symbols [Chapter 2022-12, SB 1006, Effective July 1, 2022] Summary One piece of legislation passed during the 2022 session that is not lengthy yet important to our state and perhaps leaves us on a happy note for the end of the 2022 sessions:
LEGISLATIVE SESSION - LAWS PASSED
Civil Remedies [Chapter 2023-15, HB 837, Effective March 24, 2023] This bill provides modifications to comparative negligence; presumption against liability relating to safety and security measures. Among other provisions, this bill shortens the time to file a lawsuit founded on negligence from four years to two years. It also changes Florida’s comparative negligence system from a “pure” comparative negligence system to a “modified” comparative negligence system, whereby a plaintiff who is found to be more than 50% at fault for their own harm may not recover damages from a defendant. The new comparative negligence standard does not apply to causes of action for personal injury or wrongful death arising out of medical negligence. F.S. 768.0706 Multifamily residential property safety and security; presumption against liability was amended to read as follows: (1) As used in this section, the term: a. “Crime prevention through environmental design” has the same meaning as in 163.503(6). b. “Multifamily residential property” means a residential building, or group of residential buildings, such as apartments, townhouses, or condominiums, consisting of at least five dwelling units on a particular parcel. c. “Parcel” means real property for which a distinct parcel identification number is assigned to the property by the property appraiser for the county in which the property is located. (2) The owner or principal operator of a multifamily residential property which substantially implements the following security measures on that property has a presumption against liability in connection with criminal acts that occur on the premises which are committed by third parties who are not employees or agents of the owner or operator:
(a) – 1. A security camera system at points of entry and exit which records, and maintains as retrievable for at least 30 days, video footage to assist in offender identification and apprehension. 2. A lighted parking lot illuminated at an intensity of at least an average of 1.8 foot- candles per square foot at 18 inches above the surface from dusk until dawn or controlled by photo cell or any similar electronic device that provides light from dusk until dawn. 3. Lighting in walkways, laundry rooms, common areas, and porches. Such lighting must be illuminated from dusk until dawn or controlled by photocell or any similar electronic device that provides light from dusk until dawn 4. At least a 1-inch deadbolt in each dwelling unit door. 5. A locking device on each window, each exterior sliding door, and any other doors not used for community purposes. 6. Locked gates with key or fob access along pool fence areas. 7. A peephole or door viewer on each dwelling unit door that does not include a window or that does not have a window next to the door. (b) By January 1, 2025, the owner or principal operator of a multifamily residential property has a crime prevention through environmental design assessment that is no more than 3 years old completed for the property. Such assessment must be performed by a law enforcement agency or a Florida Crime Prevention Through Environmental Design Practitioner designated by the Florida Crime Prevention Training Institute of the Department of Legal Affairs. The owner or principal operator must remain in substantial compliance with the assessment for purposes of this paragraph.
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