FL Community Association Manager Continuing Education

minimum setback and landscaping regulations that are generally applicable to permitted uses in the drone port site’s zoning district. This paragraph may not be construed to authorize a political subdivision to require additional landscaping as a condition of approval of a drone port. The following was changed in F.S. 553.73 Florida Building Code: (10) (1) A drone port as defined in 330.41(2). Condominiums and Cooperatives Patriot Day [Chapter 2023-64, HB 437, Effective July 1, 2023] Summary An act relating to property owners’ right to install, display, and store items. In part amending F.S. 718.113, authorizing condominium unit owners to display certain flags on Patriot Day. Flags - Patriot Day Amended to add Patriot Day (September 11), to the list of days when a condominium unit owner may display armed forces flags. * Not to be confused with Patriots’ Day commemorating the battles of Lexington and Concord, which were fought near Boston in 1775. Patriots’ Day is annually held on the third Monday of April. Extensive Legislation [Chapter 2023-1, SB 154, Effective June 9, 2023] Summary This is referred to as the “Milestone and SIRS Glitch Bill.” The companion bill is HB 799, effective June 13, 2023. For condominium and cooperative associations: ● Revises the circumstances under which community association managers or management firms must comply with a specified provision. ● Revises who must have milestone inspections performed for buildings. ● Requires architects or engineers performing milestone inspections to submit a specified progress report to a local enforcement agency within a specified timeframe under certain circumstances. ● Revises requirements relating to budget meetings. ● Specifies that certain disputes are not subject to nonbinding arbitration and must be resubmitted to presuit mediation. ● Revises items that developers are required to deliver to an association upon relinquishing control of the association, etc. The bill revises the milestone inspection requirements for condominium and cooperative buildings that are three or more stories high: ● Limit the milestone inspection requirements to buildings that include a residential condominium or cooperative. ● Provide that the milestone inspection requirements apply to buildings that in whole or in part are subject to the condominium or cooperative forms of ownership, such as mixed-ownership buildings. ● Clarify that all owners of a mixed ownership building in which portions of the building are subject to the condominium or cooperative form of ownership are responsible for ensuring compliance and must share the costs of the inspection. ● Require a building that reaches 30 years of age before December 31, 2024, to have a milestone inspection before December 31, 2024. ● Delete the 25-year milestone inspection requirements for buildings that are within three miles of the coastline. ● Authorize the local enforcement agencies that are responsible with enforcing the milestone inspection requirements the option to set a 25-year inspection

The following was changed in F.S. 633.202 Florida Fire Prevention Code: (16)(a) 2. “Drone port” has the same meaning as provided in 330.41(2). (16)(b)

3. A drone port is exempt from provisions of the Florida Fire Prevention Code, including national codes and the Life Safety Code incorporated by reference, concerning fire protection systems as defined in 633.102.

718.113 Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations. - (4) Any unit owners may display one portable, removable United States flag in a respectful way and, on Armed Forced Day, Memorial Day, Flag Day, Independence Day, Patriot Day , and Veterans Day, may display in a respectful way one portable, removable official flags, not larger than 4 ½ feet by 6 feet, that represent the United States Army, Navy, Airforce, Marine Corps, Space Force, or Coast Guard regardless of any declaration rule or requirements dealing with flags or decorations. requirement if justified by local environmental conditions, including proximity to seawater. ● Authorize the local enforcement agency to extend the inspection deadline for a building upon receipt of a petition showing good cause that the owner(s) of the building have entered into a contract with an architect or engineer to perform the milestone inspection and it cannot reasonably be completed before the deadline. ● Permit local enforcement agencies to accept an inspection and report that was completed before July 1, 2022, if the inspection and report substantially comply with the milestone requirements; however, associations must still comply with the unit owner notice requirements, and if a local enforcement agency accepts a previous inspection as a milestone inspection, the deadline for a subsequent 10-year re-inspection is based on the date of a previous inspection. ● Provide that the inspection services may be provided by a team of design professionals with an architect or engineer acting as a registered design professional in responsible charge. ● Provide that the condominium or cooperative association is responsible for all costs associated with the inspection attributable to the portions of the building for which it is responsible under the governing documents of the association. ● Require associations to give unit owners notice about the inspection deadlines, electronically or by posting on the association’s website, within 14 days after they receive the initial milestone inspection notice from local enforcement agency. ● Require the milestone inspector to submit a phase two progress report to the local enforcement agency within 180 days of submitting the phase one inspection report. ● Clarify that an association must distribute a copy of the summary of the inspection reports to unit owners within 45 days of its receipt. The Florida Building Commission is required by the bill to establish by rule a building safety program to implement the milestone inspection requirements within the Florida Building Code. The commission must specify the minimum requirements for the commission’s building safety program by December 31,

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