Synopses & Reviews
Synopsis
A helpful and practical tool for leaders of residential cooperatives in Florida.
Synopsis
A helpful and practical tool for leaders of residential cooperatives in Florida. It is the only complete guide to their operations and management, and it gives special attention to the unique components of mobile home cooperatives.
Synopsis
This is the first practical guide for operating cooperatives, including condominiums, timeshares, and mobile home communities. Completely cross-referenced to the latest Florida Statutes, this comprehensive volume includes 60 sample forms you can use as well as a complete subject index.
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.Ms. Gault's practice focuses on Real Property and Administrative law. While completing law school, she served as a law clerk at the Florida Department of Financial Regulation and her former law firm, Pennington, P.A. As a member of the Florida State moot court team, Ms. Gault took first place in 2012 Kaufman Memorial Securities Competition in New York City. She has represented clients before the Florida Supreme Court and the district courts of appeal.
Table of Contents
Introduction 1 THE COOPERATIVE AND THE COOPERATIVE DOCUMENTS 1.1 History 1.2 Cooperative Concept 1.3 Understanding the Parts 1.4 Compromise and the Common Scheme 1.5 Unit and the Unit Owner 1.6 Common Areas and Appurtenances 1.7 Association 1.8 Assessments 1.9 Democratic Sub-Society 1.10 Covenants Running with the Land 1.11 Prospectus 1.12 Cooperative Documents 1.13 Articles of Incorporation 1.14 Bylaws 1.15 Rules and Regulations 1.16 Policy Statements and Resolutions of Procedure 1.17 Priority and Consistency of Documents 2 MOBILE HOMEOWNERS' ASSOCIATIONS AND MOBILE HOME COOPERATIVES 2.1 General 2.2 Mobile Homeowners' Association 2.3 Creating the Mobile Homeowners' Association 2.4 Operating the Mobile Homeowners' Association 2.5 Option to Purchase the Mobile Home Park 2.6 Acquisition and Conversion of the Park Property 2.7 Mobile Home Cooperative 2.8 Renters in a Mobile Home Cooperative 3. THE COOPERATIVE ACT AND THE LAW GOVERNING COOPERATIVES 3.1 General 3.2 Cooperative Act--Part I 3.3 Cooperative Act--Part II 3.4 Cooperative Act--Part III 3.5 Cooperative Act--Part IV 3.6 Cooperative Act--Part V 3.7 Cooperative Act--Part VI 3.8 Chapter 723--Florida Mobile Home Act 3.9 Chapter 617, F.S.--Florida Not for Profit Corporation Act 3.10 Florida Administrative Code 3.11 Chapter 120, F.S.--Administrative Procedure Act 3.12 Chapter 119, F.S.--Public Records 3.13 Residential Manager's Law 3.14 Penny-ante Gambling and Bingo 3.15 Constitutional Provisions 3.16 County and Municipal Ordinances 3.17 Administrative Decisions 3.18 Judicial Decisions and Precedents 3.19 Priority of the Law 3.20 Application and Interpretation of the Law 3.21 The Legal Advisor 4 MEMBERSHIP MEETINGS: PRACTICE AND PROCEDURES 4.1 General 4.2 Annual and Regular Meetings 4.3 Special Meetings 4.4 Proof of Notice 4.5 Posting of Notice 4.6 Content of Meeting Notice 4.7 Time of Notice 4.8 Notices for Board Elections 4.9 Agenda 4.10 Proxies 4.11 Voting Certificate 4.12 Check-In Procedures 4.13 Presiding Officer Selection 4.14 Pre-Meeting Preparations 4.15 Ballot Preparations 4.16 Ballots for Board Elections 4.17 Voting 4.18 Vote Tabulations 4.19 Conducting the Meeting 4.20 Reports 4.21 Unfinished Business 4.22 New Business and General Discussion 4.23 Adjournment 4.24 Minutes 4.25 Election Records 5 THE BOARD OF ADMINISTRATION AND MEETINGS OF THE BOARD 5.1 General 5.2 Developer Board Members 5.3 Transition from Developer Control 5.4 Election and Selection 5.5 Runoff Election 5.6 Alternative Method for Election 5.7 Eligibility 5.8 Term 5.9 Number 5.10 Removal and Resignation 5.11 Failure to Fill Vacancies 5.12 Fiduciary Relationship 5.13 Bonding and Insurance 5.14 Meetings of the Board 5.15 Quorum and Absent Board Members 5.16 Notice to Board Members 5.17 Notice to Association Members 5.18 Agenda for Board Meetings 5.19 Meeting Procedures 5.20 Membership Participation 5.21 Minutes and Records 5.22 Unit Owner Directories 6 OFFICERS AND COMMITTEES 6.1 General 6.2 Election of Officers 6.3 President 6.4 Secretary 6.5 Treasurer 6.6 Vice President 6.7 Registered Agent and Office 6.8 Other Officers 6.9 Eligibility and Removal 6.10 Fiduciary Relationship, Indemnification and Insurance 6.11 Compensation 6.12 Committees 6.13 Nominating Committee 6.14 Committee Appointments 6.15 Committee Authority 6.16 Committee Meetings and Minutes 6.17 Committee Reports 6.18 Special Councils 6.19 Social Clubs 7 RULES OF PROCEDURE--A SHORT-HAND GUIDE 7.1 General 7.2 Meeting Organization 7.3 Order of Business 7.4 Motions and Seconds 7.5 Subsidiary and Incidental Motions 7.6 Privileged and Unclassified Motions 7.7 Reconsideration 7.8 Priority of Motions 7.9 Matters Out of Order 7.10 Waiving the Rules 7.11 Debate 7.12 Speaking at Meetings of the Board 7.13 Voting 7.14 Decorum 8 THE BUDGET AND FINANCIAL REPORTS 8.1 General 8.2 Budget for General Operations 8.3 Budget for Capital Expenses and Deferred Maintenance 8.4 Developing the Proposed Budget 8.5 Proposed Budget and Mandatory Reserves 8.6 Notice and Adoption of the Budget 8.7 Reconsideration by the Membership 8.8 Waiver of Mandatory Reserves 8.9 Use of Reserve Funds 8.10 Amending the Budget 8.11 Unbudgeted Expenses 8.12 Funds in Excess of Budget 8.13 Annual Financial Report 8.14 Financial Statements and Audit 8.15 Governmental Financial Filings 9 ASSESSMENTS--LEVY AND COLLECTION 9.1 General 9.2 Funding the Budget 9.3 Allocation of Common Expenses 9.4 Allocation of Expenses for Communication Services and Cable Television 9.5 Allocation of Expenses for Unit Owner 9.6 Special Assessments 9.7 Time for Payment and Delinquency 9.8 Assessment Records and Estoppel Certificate 9.9 Assessment Declaration and Satisfaction 9.10 Liability for Assessments 9.11 Interest, Late Charges, Costs and Penalties 9.12 Application of Partial Payment of Delinquent Assessment 9.13 Claim of Lien 9.14 Withholding Payment and Contesting the Lien 9.15 Foreclosing the Lien 9.16 Rights of First Mortgage Holder 9.17 Developer Obligation for Assessments 9.18 Rights of Association to Acquire Unit 9.19 Right of Association to Collect Rents 9.20 Uncollectible Assessments 10 PROMULGATING RULES, AMENDING THE DOCUMENTS AND MODIFYING THE COOPERATIVE PROPERTY 10.1 General 10.2 Authority and Scope of Rules 10.3 Review and Analysis of Documents 10.4 Adopting and Amending the Rules 10.5 Proposing Amendments to the Documents 10.6 Format of Proposed Amendments 10.7 Notice of Proposed Amendments 10.8 Adopting the Amendments 10.9 Recording the Amendments and Notice to Members 10.10 Amendments to the Articles of Incorporation 10.11 Priority of Documents 10.12 "Grandfather Provisions" 10.13 Material Modifications and Alterations 10.14 Amendments to the Unit and the Common Elements 10.15 Amendments in a Mobile Home Cooperative 11 THE ASSOCIATION AUTHORITY AND RESPONSIBILITY 11.1 General 11.2 Management and Maintenance 11.3 Contracting for Products and Services 11.4 Representation of the Unit Owners 11.5 Liabilities of the Association 11.6 Owning and Leasing Real Property 11.7 Granting and Modifying Easements 11.8 Right of Access to Units 11.9 Smoking and the "Clean Indoor Air Act" 11.10 Keeping the Property Insured 11.11 Borrowing Money 11.12 Exercising All Necessary and Convenient Powers 11.13 Responding to Unit Owner Inquiries 11.14 Automated External Defibrillator 11.15 Termination of the Condominium 12 RIGHTS AND RESPONSIBILITIES OF THE UNIT OWNER 12.1 Quiet Enjoyment of the Unit 12.2 Use of the Common Areas 12.3 Appurtenances to Unit Ownership 12.4 Access to Communication Services and Cable Television 12.5 Membership and Voting Rights in the Association 12.6 Participation in Association Affairs 12.7 Fundamental Rights and Due Process 12.8 Compliance with the Covenants and Restrictions 12.9 Financial Obligations 12.10 Maintenance and Upkeep of the Property 12.11 Alterations to the Cooperative Property 12.12 Sale and Transfer of the Cooperative Parcel 12.13 Transfer of Limited Common Area Use Rights 12.14 Public Participation and SLAPP Suit Protection 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 Actions 14.4 Penalty Guidelines 14.5 Declaratory Statement 14.6 Ombudsman 14.7 Division Educational Programs