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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 28 <br />The bill also clarifies that the turnover report required under ss. 718.301(4)(p) and 719.301(4)(p), <br />F.S., consists of a structural integrity reserve study. <br />Assessments — Condominiums <br />Present Situation <br />Section 718.112(2)(i), F.S., provides for the manner of collecting assessments from unit owners, <br />which may be done not less than quarterly. Current law does not provide guidelines or <br />requirements for condominium associations to obtain a line of credit in lieu of a special <br />assessment for the funding of reserves or other expenditures. A special assessment is any <br />assessment levied against a unit owner other than the assessment required by a budget adopted <br />annually. 75 <br />Section 718.116(10), F.S., requires that the specific purpose or purposes of any special <br />assessment, including any contingent special assessment levied in conjunction with the purchase <br />of an insurance policy authorized by s. 718.111 (11), F.S., approved in accordance with the <br />condominium documents must be set forth in a written notice of assessment sent or delivered to <br />each unit owner. Current law does not specify that a special assessment must be recorded in the <br />public records. <br />Effect of Proposed Changes <br />In lieu of a special assessment, the bill amends the assessment provisions in <br />s. 718.112(2)(i), F.S., to provide a process for the board to secure a line of credit and assess a <br />contingent special assessment to fund repairs recommended by a milestone inspection required <br />under s. 553.899, F.S., or a similar local inspection requirement or structural integrity reserve <br />study, or unanticipated repairs. <br />Under the bill, the board must have immediate access to the funding in the line of credit to fund <br />required repairs, maintenance, or replacement expenses without further approval by the members <br />of the association. A unit owner may opt to pay the contingent special assessment in full at the <br />time it becomes due, or may be allowed to make amortized payments over a term of years as <br />provided for by the line of credit. However, a unit owner may pay the remaining balance of the <br />special assessment at any time during the amortization period. <br />A line of credit may not be used as an alternative to an association's reserve funding obligation. <br />However, for a budget adopted on or before December 31, 2029, the bill permits an association <br />to secure a line of credit and assess a contingent special assessment to meet the reserve funding <br />schedule recommended by the structural integrity reserve study. <br />The bill amends s. 718.116, F.S., to include contingent special assessments and any line of credit <br />for which a contingent special assessment may be imposed in the list of information that must be <br />included in the estoppel certificate. 76 <br />75 Section 718.103(25), F.S. <br />76 When an ownership interest in a condominium unit is transferred, the new owner is jointly and severally liable with the <br />previous owner for unpaid assessments owed to a condominium, cooperative, or homeowners' association. Unpaid <br />assessments may also become a lien on the property. Under s. 718.116(8), F.S., a unit owner may request that the association <br />338 <br />
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