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BILL: CS/SB 1178
<br />Page 35
<br />owner proof of such obligation 30 days before such suspension takes effect. The suspension ends
<br />when the full payment of all past due obligations currently due the association are paid.
<br />Effect of Proposed Changes
<br />The bill amends s. 718.303(5), F.S., to require an association to send unit owners, whose right to
<br />vote has been suspended because of an unpaid financial obligation, a notice of such obligation
<br />within 90 days of an election.
<br />Division of Condominiums, Cooperatives, and Mobile Homes
<br />Present Situation
<br />Section 718.501, F.S., provides the investigative and enforcement authority of the Division of
<br />Condominium, Timeshares, and Mobile Homes (division). The division may enforce and ensure
<br />compliance with ch. 718, F.S., and rules relating to the development, construction, sale, lease,
<br />ownership, operation, and management of residential condominium units and complaints related
<br />to the procedural completion of milestone inspections under s. 553.899, F.S. The division may
<br />investigate complaints and enforce compliance with ch. 718, F.S., for associations that are still
<br />under developer control, including investigating complaints against developers involving
<br />improper turnover or failure to transfer control to the association. 82 After control of the
<br />condominium is transferred from the developer to the unit owners, the division only has
<br />jurisdiction to investigate complaints related to financial issues, elections, and maintenance of
<br />and unit owner access to association records. 83
<br />As part of the division's authority to investigate complaints, the division may subpoena
<br />witnesses, take sworn statements from witnesses, issue cease and desist orders, and impose civil
<br />penalties against developers, associations, and association board members. 84
<br />If the division has reasonable cause to believe that a violation of any provision of ch. 718, F.S.,
<br />or a related rule has occurred, the division may institute enforcement proceedings in its name
<br />against any developer, bulk assignee, bulk buyer, association, officer, or member of the board of
<br />administration, or its assignees or agents. The division may conduct an investigation and issue an
<br />order to cease and desist from unlawful practices and to take affirmative action to carry out the
<br />purpose of the applicable chapter. Also, Florida law authorizes the division to petition a court to
<br />appoint a receiver or conservator to implement a court order or to enforce an injunction or
<br />temporary restraining order. The division may also impose civil penalties. 85
<br />Effect of Proposed Changes
<br />The bill amends s. 718.501 (1), F.S., to delete the limitation on the division's authority to enforce
<br />ch. 718, F.S., after turnover. Under the bill, the division may enforce and ensure compliance with
<br />ch. 718, F.S., and rules relating to the development, construction, sale, lease, ownership,
<br />82 Id.
<br />83 Section 718.50 1(1), F.S.
<br />84 Sections 718.501(1), F.S.
<br />85 Id
<br />345
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