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CONDOMINIUM UNIT-OWNER RIGHTS AND RESPONSIBILITIES

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Land Sales, Condominiums

and Mobile Homes

1940 North Monroe Street

Tallahassee, Florida 32399-1030

Telephone: (850) 488-1122

Facsimile: (850) 488-7149

Toll Free: (800) 226-9101 (in Florida only)

Web Address:

www.MyFlorida.com

INTRODUCTION

The State of Florida provides a number of rights for condominium owners through Chapter 718, Florida Statutes (F.S.), also known as the Condominium Act, and the corresponding administrative rules, Chapters 61B-15 through 61B-24, Florida Administrative Code (F.A.C.).

Along with these rights come various responsibilities that correspond to this type of community living. This brochure summarizes the rights and responsibilities of unit owners under the Condominium Act.

You should refer to the specific statutory section or rule for the exact language of each cited provision. You may visit www.MyFlorida.com or contact the Division at the address on this brochure to obtain a copy of the statute or the rules.

 

RIGHTS

Unit owners have the right to:

Meetings and Notices

1. Receive at least 48 hours notice of board and committee meetings, posted conspicuously on the association property. Section 718.112(2)(c), F.S.

2. Attend board and committee meetings except for meetings between the board or a committee and the associationís attorney with respect to proposed or pending litigation when the meeting is held for the purpose of seeking or rendering legal advice. Section 718.112(2)(c), F.S.

3. Receive notice of meetings at which the board shall consider a special assessment or changes to rules concerning unit use. Notice must be by mail or personal delivery and posted on the condominium property at least 14 continuous days in advance. Section 718.112(2)(c), F.S.

4. Receive notice of the annual meeting along with an agenda, by mail or personal delivery and by posting on the condominium property at least 14 continuous days in advance. Section 718.112(2)(d)2., F.S.

5. Receive at least 14 days advance notice of a budget meeting, along with a copy of the proposed annual budget, by mail or personal delivery. Section 718.112(2)(e), F.S.

6. Receive notice of any legal action by which the association may be exposed to liability in excess of insurance coverage so that unit owners may intervene and defend on their own behalf. Section 718.119(3), F.S.

7. Speak at board, committee and annual meetings subject to reasonable restrictions. Sections 718.112(2)(c), F.S. and Rule 61B-23.002(8), F.A.C.

8. Record board, committee or unit owner meetings subject to reasonable restrictions. Section 718.112(2)(c), F.S.; Rule 61B-23.002(11), F.A.C.

9. Receive written notification of any special assessment which must state the specific purpose(s) of the special assessment. Section 718.116(10), F.S.

10. Receive notification of a hearing before a committee of other unit owners before the board can levy any fine provided in the declaration or bylaws. Section 718.303(3), F.S.

Elections

1. Receive the first notice of an election no less than 60 days prior to the election either by mail or personal delivery. Section 718.112(2)(d)3., F.S. Rule 61B-23.0021(4), F.A.C.

2. Submit his or her name in writing as a candidate for election to the board no less than 40 days prior to the election. Section 718.112(2)(d)1., F.S. Rule 61B 23.0021(5), F.A.C.

3. Submit candidate information sheet no less than 35 days prior to the election. Section 718.112(2)(d)3., F.S. Rule 61B-23.0021(7), F.A.C.

4. Receive a second notice of the election, a ballot, an inner envelope, an outer envelope and copies of any timely submitted candidate information sheets no less than 14 days prior to the election either by mail or personal delivery. Section 718.112(2)(d)3., F.S. Rule 61B-23.0021(8), F.A.C.

5. Vote for the board by written, secret ballot or voting machine if there are more candidates than vacancies. If there are not more candidates than vacancies then the association is not required to hold an election. Section 718.112(2)(d)1., F.S. Rule 61B-23.0021, F.A.C.

6. Vote for the board by limited or general proxy if different election procedures are approved by a majority of the total voting interests and are provided for in the association bylaws. Section 718.112(2)(d), F.S.

Voting, Generally

1. Vote by limited proxies unless general proxies are specifically allowed by statute. Section 718.112(2)(b)2., F.S.

2. Vote at a meeting or by written agreement with a majority of all unit owners to recall any board member. Section 718.112(2)(j), F.S.; Rules 61B-23.0027 or 61B-23.0028, F.A.C.

Association Funds

1. Receive annual financial reports as follows:

a. If the association consists of 50 units or fewer, or has revenues of less than $100,000, then, within 120 days following the end of the fiscal or calendar year or annually as

provided in the bylaws, the association must provide a financial report of actual receipts and expenditures. Section 718.111(13), F.S.; Rule 61B-22.006, F.A.C.

b. If the association consists of more than 50 units and has revenues of at least $100,000, then, within 120 days following the end of the fiscal or calendar year or annually as

provided in the bylaws, the association must provide a compiled, reviewed or audited financial statements, prepared in accordance with generally accepted accounting

principles. Section 718.111(14), F.S.; Rule 61B-22.006(10), F.A.C.

2. Vote for an alternate budget if the developer controls the board and the adopted budget provides for assessments in excess of 115 percent of assessments for the prior fiscal year.

3. Petition the board for a special meeting of the owners to consider an alternate budget if a unit owner controlled board adopts a budget providing for assessments in excess of 115

percent of the previous yearís assessments. Upon written application by 10 percent of the voting interests received within 21 days following the adoption of the budget the board shall call the special meeting of the association. Section 718.112(2)(e), F.S.

4. Pay assessments on a quarterly or more frequent basis. Section 718.112(2)(g), F.S.

Generally

1. Exclusive ownership and possession of their condominium unit. Section 718.103(26), F.S.

2. Membership in the association and full voting rights as provided in the declaration of condominium. Section 718.106(2), F.S.

3. Use the common elements and association property without paying a use fee unless the declaration of condominium so provides, or the unit owners by a majority vote of the association approve of such a fee, or unless the charges relate to expenses incurred by an owner having exclusive use of the common element or association property. Section 718.111(4), F.S.

4. Use the condominiumís common elements, common areas and recreation facilities together with their invited guests, in accordance with the condominium documents and properly

adopted rules and regulations of the association. Section 718.123, F.S.

5. Inspect the associationís official records subject to the reasonable rules adopted by the association.

a. The association must make its records available for unit owner inspection within five working days after receiving a written request.

b. The right to inspect the records includes the right to make or obtain copies, the reasonable expense, if any, of the unit owner. Section 718.111(12), F.S.; Rule 61B-

23.002, F.A.C.

6. Receive a substantive written response to an inquiry submitted to the board by certified mail. The response must be sent within 30 days, or within 60 days if the board requests a legal opinion, or within 10 days of receiving the divisionís advice, if the board requests advice from the division. Section 718.112(2)(a)2., F.S.

7. Apply to the circuit court of the county in which the condominium is located for a receiver if the association fails to fill vacancies on the board sufficient to constitute a quorum. Section 718.1124, F.S.

8. Participate in the voluntary mediation or mandatory, non-binding arbitration processes to resolve certain disputes. Section 718.1255, F.S.; Rule 61B-45, F.A.C.

9. Vote to cancel any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to turnover of control to the unit owners other than the developer. Section 718.302, F.S.

10. Bring action for damages or injunctive relief or both against the association, another unit owner, a tenant or invitee or a director who willfully and knowingly fails to comply with Chapter 718, F.S., the applicable administrative rules, or the condominium documents.

Section 718.303(1) and 718.1255, FS.; Rule 61B-45, F.A.C.

 

RESPONSIBILITIES

 

Unit owners have the responsibility to:

 

1. Pay their share of the common expenses as defined in the statute and the condominium documents. Sections 718.103(9), 718.115(2), and 718.116, F.S.

2. Use the common elements in a manner that will not hinder or infringe on the rights of the other unit owners. Section 718.106(3), F.S.

3. Provide the association access to their units during reasonable hours for the following:

a. To maintain, repair or replace any common elements;

b. To prevent damage to the common elements or other units; or

c. To maintain the unit as required by the declaration of condominium. Section 718.111(5), F.S.

4. Not make any alterations to their units that would adversely affect the safety or soundness

of the common elements or any portion of the association or condominium property the association maintains. Section 718.113(3), F.S.

5. Comply with the provisions of Chapter 718, F.S., the applicable administrative rules, the declaration of condominium, the articles of incorporation, the bylaws, and the rules of the association. Sections 718.303(1), and (3), F.S.

6. Attend and participate in unit owner meetings;

7. Attend board and committee meetings;

8. Vote on issues presented for a unit owner vote and elections;

9. Cooperate with other unit owners in day-to-day community life;

10. Bring any concerns or problems to the board of directorsí attention;

11. Serve on the board of directors as needed; and

12. Be familiar with the provisions of the condominium documents.

Last Revision 12/03; new revision coming before October 2008.

 

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