Chapter 4

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Chapter 4
2013-03-20 00:56:53

Community Association Laws
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  1. Federal Law
    Measures enacted by Congress and signed by the President, incorporated into the US Code. Referred to by Title
  2. Code of Federal Regulations
    General and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government to interpret and implement Federal laws.
  3. State Law
    Measures passed by the Legislature signed by the Governor, incorporated into FS.
  4. Florida Admistrative Code
    (F.A.C.) is official compilation of rules and regulations of Florida regulatory agencies.
  5. Type of Association, Statute, Administrative Rule
    Condo - FS 718 - FAC 61B-17 thru 24, 45, 50

    Coops - FS 719 - FAC 61 B-75 thru 79, 45, 50

    HOA - FS 720 - FAC 61B-80 thru 83
  6. Legal Structure
    A majority of Associations are organized as not for profit corporations under FS 617

    The Corporate Act, FS 607, provides laws governing for profit corps.

    • Has all powers in FS 617 (or 607 in profit)
    • -conduct business association affairs
    • -operate & manage association property & assets
    • - Sue and defend actions
    • - Lend monies for association purposes
    • - Acquire property 
    • - Enter into contracts and purchase items required for operations & maintenance
    • - Incur liabilities
    • - Borrow funds
    • - Mortgage association properties
  7. Condo Act has 7 parts
    • Statutory requirements for creating and operation condos
    • Statutory rights and obligations of the developer
    • Statutory Rights and Obligations of the Association
    • Statutory requirements for special types of condominiums
    • Statutory requirements for regulation of condos
    • Statutory requirements for conversions to condos
  8. What are the statutory rights and obligations of the developer?
    • F.S. 718.203: Provides protection to purchasers during the construction period and establishes implied warranties of fitness and marketability; requires that warranties be condition upon routine maintenance being performed, unless maintenance is obligation of developer.
    • -Units: 3 year warranty commencing with completion of the building containing unit
    • - Personal or other property transferred with or, or appurtenant to, unit, or for use of members, warranty as provided by the manufacturer, commencing with date of closing or date of possession whichever is earlier
    • - All other improvements: 3 year warranty commencing with date of completion of improvements
    • - Roof, structural components, mechanical , electrical and pluming elements serving improvements or a building, except mechanical elements serving only one unit. 3 year warranty beginning with completion of construction of building or 1 year after turnover to members, whichever occurs last, but not more than 5 years.
  9. Statutory requirements for special types of condos
    • F.S. 718.404: Mixed-use condos
    • - Defines mixed-used condo and clarifies rights and obligations of members: a mixed-use condo contains both residential and non-residential units
    • - Prohibits documents form permitting commercial units form having authority to veto amendments to documents or rules and regulations passed by residential units. Law effective 7/1/08 and retroactive
    • - Where number of residential units equals or exceeds 50% of total units operated by association, members of residential units entitled to majority seats on board
    • F.S. 718.405: Multi-condos
    • - Defines multi-condo as association operating more than one condo
    • - Not required to provide all services of each condo
    • - Must define voting rights of member, how assets, liabilities, common surplus, and common expenses of the association be apportioned among units, & use of any common facilities
  10. HOA act: General Provisions
    FS 720.303: Powers & Duties

    FS 720.3035 Architectural Control

    FS 720.306 Member meetings