FL Community Association Manager Continuing Education

and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first. The developer is entitled to elect at least one member of the board of administration of an association as long as the developer holds for sale in the ordinary course of business at least 5 percent, in condominiums with fewer than 500 units, and 2 percent, in condominiums with more than 500 units, of the units in a condominium operated by the association. After the developer relinquishes control of the association, the developer may exercise the right to vote any developer-owned units in the same manner as any other unit owner except for purposes of reacquiring control of the association or selecting the majority members of the board of administration. Beginning July 1, 2025, paragraphs (a), (c), (d), and (g) do not apply to nonresidential condominiums consisting of 10 or fewer units. Subsection (1) of section 718.302, Florida Statutes, was amended to read: 718.302 Agreements entered into by the association. - (a) If the association operates only one condominium and the unit owners other than the developer have assumed control of the association, or if unit owners other than the developer own at least 75 percent of the voting interests in the condominium or own at least 90 percent of the voting interests if the condominium is a nonresidential condominium consisting of 10 or fewer units, the cancellation must shall be by concurrence of the owners of at least 75 percent of the voting interests other than the voting interests owned by the developer. If a grant, reservation, or contract is so canceled and the unit owners other than the developer have not assumed control of the association, the association must make a new contract or otherwise provide for maintenance, management, or operation in lieu of the canceled obligation, at the direction of the owners of not less than a majority of the voting interests in the condominium other than the voting interests owned by the developer. (b) If the association operates more than one condominium and the unit owners other than the developer have not assumed control of the association, and if unit owners other than the developer own at least 75 percent of the voting interests in the condominiums a condominium operated by the association or, beginning July 1, 2025, own at least 90 percent of the voting interests if the condominium is a nonresidential condominium consisting of 10 or fewer units, any grant, reservation, or contract for maintenance, management, or operation of buildings containing the units in that condominium or of improvements used only by unit owners of that condominium may be canceled by concurrence of the owners of at least 75 percent, or the owners of at least 90 percent if the condominium is a nonresidential condominium consisting of 10 or fewer units, of the voting interests in the condominium other than the voting interests owned by the developer. A grant, reservation, or contract for maintenance, management, or operation of recreational areas or any other property serving more than one condominium, and operated by more than one association, may not be canceled except pursuant to paragraph (d). Section 15. Subsection (4) of section 718.407, Florida Statutes, is amended to read: 718.407 Condominiums created within a portion of a building or within a multiple parcel building.—

(4)(a)The association of a condominium subject to this section may inspect and copy the books and records upon which the costs for maintaining and operating the shared facilities are based and must receive an annual budget with respect to such costs. (b) Within 60 days after the end of each fiscal year, the owner of a portion of a building that is not subject to the condominium form of ownership shall provide to the association a complete financial report of all costs for maintaining and operating the shared facilities. Such report must include copies of all receipts and invoices. If such owner fails to provide the report and copies of the receipts and invoices to the condominium association within the 60-day period, the division may impose penalties and otherwise enforce and ensure compliance with this subsection. (c ) Within 60 days after receipt of the complete financial report, the association may challenge any apportionment of costs for the maintenance and operation of the shared facilities. A challenge under this paragraph is governed by s. 720.311. F.S. 718.501 , related to the authority, responsibility and duties of the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division) subsections (1) and (3) of F.S. 718.501, are amended, and paragraph (d) is added to subsection (2) of that section, to read: (1) The division may enforce and ensure compliance with this chapter and rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units and complaints related to the procedural completion of milestone inspections under s. 553.899. In performing its duties, the division has complete jurisdiction to investigate complaints and enforce compliance with respect to associations that are still under developer control or the control of a bulk assignee or bulk buyer pursuant to part VII of this chapter and complaints against developers, bulk assignees, or bulk buyers involving improper turnover or failure to turnover, pursuant to s. 718.301. However, after turnover has occurred, the division has jurisdiction to review records and investigate complaints related only to: Paragraph a) the following changes and additions were made: 7. The procedural completion of structural integrity reserve studies under F.S. 718.112(2)(g) and the milestone inspections under s. 553.899. 8. Completion of repairs required by a milestone inspection under F.S. 553.899. 9. Any written inquiries by unit owners to the association relating to such matters, including written inquiries under F.S. 718.112(2)(a)2. 10. The requirement for associations to maintain an insurance policy or fidelity bonding for all persons who control or disperse funds of the association under F.S. 718.111(11)(h). 11. Board member education requirements under F.S. 718.112(2)(d)5.b. 12. Reporting requirements for structural integrity reserve studies under subsection (3) and under F.S. 718.112(2)(g)12. (2)(d) Each condominium association must create and maintain an online account with the division, as required in subsection (3). (3) On or before October 1, 2025, all condominium associations must create and maintain an online account

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