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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 25 <br />condominium education provider approved by the division. 6' A certification is valid and does not <br />have to be resubmitted as long as the director continuously serves on the board. <br />A board member is suspended from service on the board until he or she files the written <br />certification or submits a certificate of completion of the educational curriculum. 66 If a <br />suspension occurs, the board may temporarily fill the vacancy during the period of suspension. <br />The secretary of the association must keep the written certification or educational certificate for <br />inspection by the members for five years after a board director's election or the duration of the <br />director's uninterrupted tenure, whichever is longer. 67 The validity of any action by the <br />condominium board is not affected by the association's failure to have the certification on file. 68 <br />Effect of Proposed Changes <br />The bill amends the post-election certification requirements in s. 718.112(2)(d)4.b., F.S., to: <br />• Require newly elected or appointed directors to submit both the written certification that they <br />have read the association's governing documents, will work to uphold the governing <br />documents of the association to the best of their ability and will faithfully discharge their <br />duties, and submit a certificate of completion of an education course and submit certification <br />that they have completed an approved condominium education course; <br />• Provide that the written certification and educational certificate are valid for 10 years; <br />• Provide that developer -appointed directors do not have to retake the education course for any <br />subsequent appointment by a developer, but the previously submitted educational certificate <br />is valid for only 10 years; and <br />Require directors to annually complete continuing education on recent changes to the <br />condominium laws and rules. <br />The bill also amends s. 718.501(1)(c), F.S., to: <br />• Require the division to provide the required educational curriculum to directors at no charge, <br />including when the required educational curriculum is provided by a division -approved <br />condominium education provider; and <br />• Require associations to annually certify that all directors have completed the required written <br />certification and educational certificate requirements. <br />Reserves and Structural Integrity Reserve Studies — Condominiums and Cooperatives <br />Present Situation <br />In addition to annual operating expenses, the budget must include reserve accounts for capital <br />expenditures and deferred maintenance. Reserve accounts must include, but are not limited to, <br />roof replacement, building painting, and pavement resurfacing, regardless of the amount of <br />deferred maintenance expense or replacement cost, and any other item that has a deferred <br />maintenance expense or replacement cost that exceeds $10,000.69 <br />bs Sections 718.112(2)(d)4.b., F.S. <br />66 Id. <br />67 Id. <br />68 Id. <br />69 See s. 718.112(2)(0 and 719.106(1)0), F.S., relating to reserves requirements for condominium and cooperative <br />associations, respectively. <br />335 <br />
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