How Changes to the Florida Condominium Act Will Affect Your Association
As a member of a condominium association, it is your responsibility to enforce the rules and regulations of your community to ensure that it operates effectively, common areas are properly maintained, and the best interest of unit owners are at the forefront of decision making. The power and responsibilities given to the association and it’s board are very similar to the way in which the local government carries out their duties. While many of these operating procedures are developed by it’s members, there are certain procedures and guidelines determined by local and state laws. In the State of Florida, these laws are a part of Chapter 718 of The Florida Statutes, otherwise known as the Condominium Act. On June 13, 2014, Governor Rick Scott made amendments to the Condominium Act, some of which will affect the operation of your condominium association.
To make sure you are up-to-date, our Tampa condominium association management team compiled a list of changes that could affect your association’s procedures.
1. AUTHORIZATION TO ENTER ABANDONED UNITS
After approval from board members, the association or Tampa condo association management company now has the right to enter an abandoned unit to inspect, repair, or maintain the condo unit and common elements of adjoining units. The amendment states, “(the association) may enter an abandoned unit to inspect the unit and adjoining common elements; make repairs to the unit or to the common elements serving the unit, as needed; repair the unit if mold or deterioration is present; turn on the utilities for the unit; or otherwise maintain, preserve, or protect the unit and adjoining common elements.”
2. OUTGOING BOARD MEMBERS AND OFFICIAL RECORDS
Exiting board members are now legally required to return all official records and property of the association to the board within five days of newly elected members taking office. If the outgoing board member refuses to do so or knowingly withholds property or records of the association, they will be subject to a fine by the Division of Florida Condominium, Timeshares, and Mobile Homes.
3. CHANGES TO BOARD MEETING COMMUNICATION
With the new changes, board members now have the ability to attend board meetings virtually. This means board members will be counted towards the quorum and will have the ability to cast votes by telephone conference, video conference, or other types electronic communication. They may not, however, cast a vote through email.
4. ASSESSMENT RESPONSIBILITY
If a condominium association gains the title to a unit during a foreclosure, the association is not responsible for paying assessments during their time of ownership. Once the unit is sold, however, the new owner is responsible for defaulted assessments incurred before the condominium association was in possession of the title.
Call us today at (813) 968-5665 to learn how we can help you with your condo association management needs or request a proposal.