Synopses & Reviews
Synopsis
A practical and popular guide to operating a successful condominium association in Florida.
Synopsis
This Florida alphabet book is packed with almost 200 facts about Florida personalities, history, geography, nature, and culture. Hundreds of photos and drawings illustrate the text written at grade levels 4 through 6. In H, you will learn about the Horse Conch, a marine mollusk whose pink and orange shell was named the state seashell in 1969. In L, read about Love Bugs that appear in Florida spring and fall and bump into cars, leaving a sticky mess. In V, learn about Vizcaya a villa built in 1916 in Miami and Valencia Oranges, which make up about half the Florida orange crop.
About the Author
Attorney Peter Dunbar is one of the most respected and frequently quoted authorities in matters relating to the laws governing condominiums, drawing on 40 years of experience. He served two terms as a member of Florida's Condominium Advisory Council. He teaches condo and community housing law at Florida State University.
Table of Contents
Introduction 1. The Condominium and the Condominium Documents 1.1 History 1.2 Condominium Concept 1.3 Understanding the Parts 1.4 Compromise and the Common Scheme 1.5 Unit and the Unit Owner 1.6 Common Elements 1.7 Association 1.8 Association Property 1.9 Assessmens 1.10 Unity of the Parts 1.11 Democratic Sub-Society 1.12 Covenants Running with the Land 1.13 Prospectus 1.14 Declaration of Condominium 1.15 Plot Plan and Survey 1.16 Articles of Incorporation 1.17 Bylaws 1.18 Rules and Regulations 1.19 Policy Statements and Resolutions of Procedure 1.20 Priority and Consistency of Documents 2. The Condominium Act and the Law Governing Condominiums 2.1 General 2.2 Condominium Act--Part I 2.3 Condominium Act--Part II 2.4 Condominium Act--Part III 2.5 Condominium Act--Part IV 2.6 Condominium Act--Part V 2.7 Condominium Act--Part VI and Part VII 2.8 Chapter 617, F.S.--Florida Not for Profit Corporation Act 2.9 Chapter 607, F.S.--Florida General Corporation Act 2.10 Florida Administrative Code 2.11 Chapter 120, F.S.--Administrative Procedure Act 2.12 Chapter 119, F.S.--Public Records 2.13 Chapter 721, F.S.--Florida Vacation Plan and Timesharing Act 2.14 Residential Manager's Law 2.15 Resort Condominiums, Fire Sprinklers and Swimming Pools 2.16 Penny-ante Gambling and Bingo 2.17 Constitutional Provisions 2.18 County and Municipal Ordinances 2.19 Administrative Decisions 2.20 Judicial Decisions and Precedents 2.21 Priority of the Law 2.22 Application and Interpretation of the Law 2.23 The Legal Advisor 3. Membership Meetings: Practice and Procedures 3.1 General 3.2 Annual and Regular Meetings 3.3 Special Meetings 3.4 Proof of Notice 3.5 Posting of Notice 3.6 Content of Meeting Notice 3.7 Time of Notice 3.8 Notices for Board Elections 3.9 Agenda 3.10 Proxies 3.11 Voting Certificate 3.12 Check-In Procedures 3.13 Presiding Officer Selection 3.14 Pre-Meeting Preparations 3.15 Ballot Preparations 3.16 Ballots for Board Elections 3.17 Voting 3.18 Vote Tabulations 3.19 Conducting the Meeting 3.20 Reports 3.21 Unfinished Business 3.22 New Business and General Discussion 3.23 Adjournment 3.24 Minutes 3.25 Election Records 4. The Board of Administration and Meetings of the Board 4.1 General 4.2 Developer Board Members 4.3 Transition from Developer Control 4.4 Election and Selection 4.5 Runoff Election 4.6 Alternative Method for Election 4.7 Eligibility 4.8 Term 4.9 Number 4.10 Removal and Resignation 4.11 Failure to Fill Vacancies 4.12 Fiduciary Relationship 4.13 Bonding and Insurance 4.14 Meetings of the Board 4.15 Quorum and Absent Board Members 4.16 Notice to Board Members 4.17 Notice to Association Members 4.18 Agenda for Board Meetings 4.19 Meeting Procedures 4.20 Membership Participation 4.21 Minutes and Records 4.22 Unit Owner Directories 5. Officers and Committees 5.1 General 5.2 Election of Officers 5.3 President 5.4 Secretary 5.5 Treasurer 5.6 Vice President 5.7 Registered Agent and Office 5.8 Other Officers 5.9 Eligibility and Removal 5.10 Fiduciary Relationship, Indemnification and Insurance 5.11 Compensation 5.12 Committees 5.13 Nominating Committee 5.14 Committee Appointments 5.15 Committee Authority 5.16 Committee Meetings and Minutes 5.17 Committee Reports 5.18 Special Councils 5.19 Social Clubs 6. Rules of Procedure--A Shorthand Guide 6.1 General 6.2 Meeting Organization 6.3 Order of Business 6.4 Motions and Seconds 6.5 Subsidiary and Incidental Motions 6.6 Privileged and Unclassified Motions 6.7 Reconsideration 6.8 Priority of Motions 6.9 Matters Out of Order 6.10 Waiving the Rules 6.11 Debate 6.12 Speaking at Meetings of the Board 6.13 Voting 6.14 Decorum 7. The Budget and Financial Reports 7.1 General 7.2 Budget for General Operations 7.3 Budget for Capital Expenses and Deferred Maintenance 7.4 Formula for Budget Reserves 7.5 Budgets for Multicondominiums 7.6 Developing the Proposed Budget 7.7 Proposed Budget and Mandatory Reserves 7.8 Notice and Adoption of the Budget 7.9 Reconsideration by the Membership 7.10 Waiver of Mandatory Reserves 7.11 Use of Reserve Funds 7.12 Amending the Budget 7.13 Unbudgeted Expenses 7.14 Funds in Excess of Budget 7.15 Annual Financial Report 7.16 Financial Statements and Audit 7.17 Governmental Financial Filings 8. Assessments--Levy and Collection 8.1 General 8.2 Funding the Budget 8.3 Allocation of Common Expenses 8.4 Allocation of Expenses for Association Property 8.5 Allocation of Expenses for Communication Services and Cable Television 8.6 Allocation of Expenses for Unit Owner 8.7 Special Assessments 8.8 Time for Payment and Delinquency 8.9 Assessment Records and Estoppel Certificate 8.10 Assessment Declaration and Satisfaction 8.11 Liability for Assessments 8.12 Interest, Late Charges, Costs and Penalties 8.13 Application of Partial Payment of Delinquent Assessment 8.14 Claim of Lien 8.15 Withholding Payment and Contesting the Lien 8.16 Foreclosing the Lien 8.17 Rights of First Mortgage Holder 8.18 Developer Obligation for Assessments 8.19 Rights of Association to Acquire Unit 8.20 Right of Association to Collect Rents 8.21 Uncollectible Assessments 9. Promulgating Rules, Amending the Documents and Modifying the Condominium Property 9.1 General 9.2 Authority and Scope of Rules 9.3 Review and Analysis of Documents 9.4 Adopting and Amending the Rules 9.5 Proposing Amendments to the Documents 9.6 Format of Proposed Amendments 9.7 Notice of Proposed Amendments 9.8 Adopting the Amendments 9.9 Recording the Amendments and Notice to Members 9.10 Amendments to the Articles of Incorporation 9.11 Priority of Documents 9.12 "Grandfather Provisions" 9.13 Material Modifications and Alterations 9.14 Installation of Hurricane Shutters 9.15 Amendments to the Unit and the Common Elements 9.16 Merger and Consolidation 9.17 Correcting a Scrivener's Error 9.18 Corrective Amendments by the Circuit Court 10. The Association Authority and Responsibility 10.1 General 10.2 Management and Maintenance 10.3 Contracting for Products and Services 10.4 Representation of the Unit Owners 10.5 Liabilities of the Association 10.6 Owning and Leasing Real Property 10.7 Granting and Modifying Easements 10.8 Right of Access to Units 10.9 Smoking and the "Clean Indoor Air Act" 10.10 Keeping the Property Insured 10.11 Borrowing Money 10.12 Exercising All Necessary and Convenient Powers 10.13 Responding to Unit Owner Inquiries 10.14 Fire Sprinkler Systems 10.15 Emergency Powers 10.16 Automated External Defibrillator 10.17 Termination of the Condominium 11. Rights and Responsibilities of the Unit Owner 11.1 Quiet Enjoyment of the Unit 11.2 Use of the Common Elements 11.3 Appurtenances to Unit Ownership 11.4 Access to Communication Services and Cable Television 11.5 Membership and Voting Rights in the Association 11.6 Participation in Association Affairs 11.7 Fundamental Rights and Due Process 11.8 Compliance with the Covenants and Restrictions 11.9 Financial Obligations 11.10 Maintenance and Upkeep of the Property 11.11 Alterations to the Condominium Property 11.12 Sale and Transfer of the Condominium Parcel 11.13 Transfer of Limited Common Element Use Rights 11.14 Public Participation and SLAPP Suit Protection 12. The Condominium Developer and Transition 12.1 General 12.2 Association Organization and Operation 12.3 Limitations and Obligations of the Developer 12.4 Rights and Privileges of the Developer 12.5 "Frequently Asked Questions and Answers" and Governance Form 12.6 Assessment Responsibilities of the Developer 12.7 Transition Members' Meeting 12.8 Delivery of Documents, Building Report and Financial Report 12.9 Organization of Owner-Controlled Board 12.10 Contracts of the Developer-Controlled Board 12.11 Statutory Warranties 12.12 Common Law Warranties 12.13 Construction Defects--Presuit Procedure 13. Enforcing the Documents and Resolving Disputes 13.1 General 13.2 Association's Obligation to Enforce 13.3 Unit Owner's Right to Enforce 13.4 Knowledge and Clarity of the Documents 13.5 Notice of Violation and Uniform, Timely Enforcement 13.6 Documenting the Violation 13.7 Authority for Fines, Penalties and Suspension 13.8 Formal Enforcement Actions 13.9 Notice of Intended Arbitration 13.10 Arbitration 13.11 Voluntary Mediation 13.12 Enforcement in Court 13.13 Fees and Costs 13.14 Upkeep of the Condominium Property 13.15 Negligence by the Association 13.16 Architectural Standards 13.17 Sale and Transfer Approval 13.18 Lease and Rental Restrictions 13.19 Guest and Occupancy Restrictions 13.20 Age Limitations 13.21 Parking and Unauthorized Vehicles 13.22 Towing of Unauthorized Vehicles 13.23 Pet Restrictions 13.24 Service Animals 13.25 Rules and Restrictions of the Board 14. Dispute Resolution and the Division of Florida Condominiums, Timeshares and Mobile Homes 14.1 General 14.2 Jurisdiction of the Division of Florida Condominiums, Timeshares, and Mobile Homes 14.3 Enforcement Action 14.4 Penalty Guidelines 14.5 Declaratory Statement 14.6 Condominium Ombudsman 14.7 Division Educational Programs Index