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Reso 2024-3630
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Reso 2024-3630
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Last modified
2/22/2024 4:44:54 PM
Creation date
2/22/2024 10:43:59 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3630
Date (mm/dd/yyyy)
02/15/2024
Description
Expressing Support of FL Senate Bill 1178, relating to Governance of Condo & Cooperative Associations & the practive of Community Assoc Management.
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BILL: CS/SB 1178 <br />Page 21 <br />o Require associations to give unit owners a notice that a copy of the most recent financial <br />report will be mailed or hand delivered to the unit owner, without charge, within 5 <br />business days after receipt of a written request from the unit owner; <br />Prohibit associations from reducing the required type of financial statement for consecutive <br />years; <br />Prohibit associations that invest funds pursuant to s. 718.111(16)(b), F.S., from reducing the <br />required type of financial statement; and <br />Require associations that invest funds pursuant to s. 718.111(16)(b), F.S., to prepare the <br />required type of financial statement. <br />Investing Reserves — Condominiums <br />Present Situation <br />Reserve Funds <br />In addition to annual operating expenses, the budget must include reserve accounts for capital <br />expenditures and deferred maintenance. 55 <br />Commingling of Funds and Investing <br />Section 718.111(14), F.S., requires all funds collected by an association to be maintained <br />separately in the association's name. Operating funds and reserve funds must be accounted for <br />separately, and a commingled account cannot, at any time, be less than the amount identified as <br />reserve funds. However, reserve funds may be commingled with operating funds of the <br />association for investment purposes only. <br />Investment Advisers <br />Investment advisers are defined as "any person who receives compensation, directly or <br />indirectly, and engages for all or part of her or his time, directly or indirectly, or through <br />publications or writings, in the business of advising others as to the value of securities or as to <br />the advisability of investments in, purchasing of, or selling of securities, except a dealer whose <br />performance of these services is solely incidental to the conduct of her or his business as a dealer <br />and who receives no special compensation for such services."56 The term does not include: <br />• Any licensed practicing attorney whose performance of such services is solely incidental to <br />the practice of her or his profession; <br />• Any licensed certified public accountant whose performance of such services is solely <br />incidental to the practice of her or his profession; <br />• Any bank authorized to do business in this state; <br />• Any bank holding company as defined in the Bank Holding Company Act of 1956, as <br />amended, authorized to do business in this state; <br />standards and are intended to help provide investors with an overall picture of the operations of an organization. See <br />Chron.com, Opinion Letters Vs. Management Letters in the Accounting Field, Sept. 21, 2020, available at: <br />https://smallbusiness.chron.com/types-audit-opinion-letters-3787.htmi (last visited Jan. 13, 2024). <br />ss Section 718. 112(2)(02., F.S. <br />s6 Section 517.021(14)(a), F.S. <br />331 <br />
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