Reso 2024-3630 - Laserfiche WebLink

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BILL: CS/S13 1178 operation, and management of a residential condominium before and after control of the association is turned over to the nondeveloper members. Page 36 In addition, the bill: • Authorizes the division to impose a civil penalty for a violation of ch. 617, F.S., relating to corporations not for profit. • Requires the division refer to local law enforcement authorities any person whom the division believes has engaged in fraud, theft, embezzlement, or other criminal activity or has cause to believe that fraud, theft, embezzlement, or other criminal activity has occurred. • Provides that the division director or any officer or employee of the division, and the condominium ombudsman or employee of the office of the condominium ombudsman, 86 may attend and observe any meeting of the board of administration or unit owner meeting, including any meeting of a subcommittee or special committee, that is open to members of the association for the purpose of performing the duties of the division or the office of the ombudsman under ch. 718, F.S. • Requires the division routinely conduct random audits of condominium associations to determine compliance with the website or application requirements for official records. Report to the Legislature The bill requires the division submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the legislative appropriations committees and appropriate substantive committees, a review of the website or application requirements for official records under s. 718.111(12)(g), F.S., and make recommendations regarding any additional official records of a condominium association that should be included in the record maintenance requirement in the provision. Effective Date Except as otherwise provide, the bill takes effect July 1, 2024. IV. Constitutional Issues: A. Municipality/County Mandates Restrictions: None. B. Public Records/Open Meetings Issues: None. 86 Sections 718.5011-50152, F.S., relate to the Office of the Ombudsman within the division. The ombudsman is an attorney appointed by the Governor to be a neutral resource for unit owners and condominium associations. The ombudsman is authorized to prepare and issue reports and recommendations to the Governor, the division, and the Legislature on any matter or subject within the jurisdiction of the division. In addition, the ombudsman may make recommendations to the division for changes in rules and procedures for the filing, investigation, and resolution of complaints. The ombudsman also acts as a liaison among the division, unit owners, and condominium associations and is responsible for developing policies and procedures to help affected parties understand their rights and responsibilities. 346