Chapter 190, Florida Statutes, provides for the creation and operation of Community Development Districts (CDD’s). However, by law a CDD is a special purpose unit of local government that is not regulated by the Department of Business and Professional Regulation.
Effect of Proposed Changes
Sections 1. – 3. Changes the name of the Division of Land Sales, Condominiums and Mobile Homes to “The Division of Land Sales, Condominiums, Homeowners’ Associations, and Mobile Homes,” and creates a new division named “The Division of Mandated Properties.” It is not clear how these two divisions would interact with each other.
Section 4. Chapter 190, F.S., is amended to require certain sales disclosures related to community development districts, imposes fines that are payable to purchasers if the seller fails to make the disclosures, and requires the developer and sales agent to submit annual reports to the Department of Community Affairs certifying compliance with the law.
Sections 5. – 20. Conforming amendments to chapters 190, 192, 213, 215, 326, 380, 455, 475, 498, 509, 559, and 718, F.S., to reflect the addition of Homeowners’ Associations to the division’s name.
Section 21. For condominiums created after April 1, 2007, the ownership share of the common elements, and proportion of sharing expenses must be based solely on the relative size of the unit in relation to the total size of each other unit in the condominium. Under the current law, the proportionate share of condominium ownership must either be equal fractional shares or based on the relative size of the units.
Section 22. Conforming amendment to reflect the addition of Homeowners’ Associations to the division’s name.
Section 23. Amends s. 718.110(1), F.S., to require that notice of proposed amendments to the declaration of condominium be provided to unit owners by certified mail.
Section 24. Section 718.111(5), F.S., is amended to provide that, except in the case of an emergency, condominium associations must give the unit owner 24 hours advance written notice of intent to access the unit, and requires that such access must include two persons, one of whom must be a board member.
Section 718.111(12)(b), F.S., is amended to require that association records be made available within 30 miles driving distance of the condominium property for the purpose of allowing records access to unit owners. Social security numbers, driver’s license numbers, credit card numbers, and other personal identifying information of unit owners, occupants or tenants would not be available for inspection by unit owners or their appointed representatives.
Section 718.111(13), F.S., is amended to delete a requirement that a unit owner must make a written request to receive a copy of the financial statement and instead provides that condominium associations must deliver a copy of the financial statements to each unit owner.
Section 718.111(15), F.S., is created to provide for reconstruction in the event of a casualty. Where condominium property is damaged the board must obtain reliable and detailed estimates of the cost to repair the damaged property to substantially the same condition existing immediately prior to the casualty and substantially in accordance with the original plans and specifications as soon as possible and not later than 60 days after the casualty. If the damage exceeds 50 percent of the property’s value, the condominium may be terminated unless, within 90 days after the casualty, 75 percent of the unit owners agree to reconstruction. The board must engage the services of a registered architect and knowledgeable construction specialists to prepare any necessary plans, receive and approve bids for reconstruction, arrange for