The Condominium Concept / Edition 13

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Overview

The practical guide for operating a successful Florida condominium association, completely updated, and now cross-referenced not only to the Florida statutes but also Florida case law. Written in clear, concise language, an indispensable working tool for officers, directors, homeowners, managers, realtors, and attorneys. Includes procedures for membership meetings, the board of administration, officers and committees, the budget and financial reports, assessments (levy and collection), amending documents and modifying the property, rights and responsibilities of the unit owner, enforcing documents and resolving disputes. Includes 67 sample forms and documents.
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Product Details

  • ISBN-13: 9781561645589
  • Publisher: Pineapple Press, Inc.
  • Publication date: 8/15/2012
  • Edition description: Thirteenth Edition
  • Edition number: 13
  • Pages: 384
  • Product dimensions: 6.30 (w) x 9.00 (h) x 1.40 (d)

Meet the Author

Peter Dunbar is one of the most respected and frequently quoted authorities on matters relating to the laws governing condominiums and community associations. He has drawn on his more than 34 years of experience to write The Condominium Concept, The Law of Florida Homeowners Associations (with Charles Dudley), and The Homeowners Association Manual (with son Marc Dunbar). Dunbar served two terms as a member of Florida's Condominium Advisory Council and has been both its chair and vice chair. He is an adjunct professor at the Florida State University College of Law, where he teaches condominium and community housing law. He is a member of the American College of Real Estate Lawyers and serves as the legislative counsel to the Real Property, Probate, and Trust Law Section of the Florida Bar.

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Table of Contents

Introduction xvii
1 The Condominium and the Condominium Documents 1
1.1 History 2
1.2 Condominium Concept 2
1.3 Understanding the Parts 3
1.4 Compromise and the Common Scheme 4
1.5 Unit and the Unit Owner 5
1.6 Common Elements 6
1.7 Association 7
1.8 Association Property 8
1.9 Assessments 8
1.10 Unity of the Parts 9
1.11 Democratic Sub-Society 10
1.12 Covenants Running with the Land 11
1.13 Prospectus 12
1.14 Declaration of Condominium 13
1.15 Plot Plan and Survey 14
1.16 Articles of Incorporation 15
1.17 Bylaws 16
1.18 Rules and Regulations 18
1.19 Policy Statements and Resolutions of Procedure 18
1.20 Priority and Consistency of Documents 18
2 The Condominium Act and the Law Governing Condominiums 23
2.1 General 24
2.2 Condominium Act - Part I 24
2.3 Condominium Act - Part II 25
2.4 Condominium Act - Part III 26
2.5 Condominium Act - Part IV 27
2.6 Condominium Act - Part V 29
2.7 Condominium Act - Part VI 30
2.8 Chapter 617, F.S. - Florida Not for Profit Corporation Act 31
2.9 Chapter 607, F.S. - Florida General Corporation Act 32
2.10 Florida Administrative Code 32
2.11 Chapter 120, F.S. - Administrative Procedure Act 33
2.12 Chapter 119, F.S. - Public Records 34
2.13 Chapter 721, F.S. - Florida Vacation Plan and Timesharing Act 35
2.14 Residential Manager's Law 36
2.15 Resort Condominiums, Fire Sprinklers and Swimming Pools 37
2.16 Penny-ante Gambling and Bingo 37
2.17 Constitutional Provisions 38
2.18 County and Municipal Ordinances 39
2.19 Administrative Decisions 40
2.20 Judicial Decisions and Precedents 40
2.21 Priority of the Law 41
2.22 Application and Interpretation of the Law 42
2.23 The Legal Advisor 43
3 Membership Meetings: Practice and Procedures 44
3.1 General 46
3.2 Annual and Regular Meetings 46
3.3 Special Meetings 47
3.4 Proof of Notice 48
3.5 Posting of Notice 49
3.6 Content of Meeting Notice 49
3.7 Time of Notice 50
3.8 Notices for Board Elections 51
3.9 Agenda 52
3.10 Proxies 53
3.11 Voting Certificate 55
3.12 Check-In Procedures 56
3.13 Presiding Officer Selection 57
3.14 Pre-Meeting Preparations 58
3.15 Ballot Preparations 59
3.16 Ballots for Board Elections 60
3.17 Voting 61
3.18 Vote Tabulations 63
3.19 Conducting the Meeting 65
3.20 Reports 66
3.21 Unfinished Business 67
3.22 New Business and General Discussion 67
3.23 Adjournment 68
3.24 Minutes 69
3.25 Election Records 70
4 The Board of Administration and Meetings of the Board 89
4.1 General 91
4.2 Developer Board Members 91
4.3 Transition from Developer Control 92
4.4 Election and Selection 93
4.5 Runoff Election 95
4.6 Alternative Method for Election 95
4.7 Eligibility 96
4.8 Term 97
4.9 Number 97
4.10 Removal 98
4.11 Failure to Fill Vacancies 100
4.12 Fiduciary Relationship 100
4.13 Bonding and Insurance 101
4.14 Meetings of the Board 102
4.15 Quorum and Absent Board Members 103
4.16 Notice to Board Members 103
4.17 Notice to Association Members 104
4.18 Agenda for Board Meetings 106
4.19 Meeting Procedures 106
4.20 Membership Participation 107
4.21 Minutes and Records 108
5 Officers and Committees 122
5.1 General 123
5.2 Election of Officers 123
5.3 President 124
5.4 Secretary 125
5.5 Treasurer 125
5.6 Vice President 126
5.7 Registered Agent and Office 126
5.8 Other Officers 127
5.9 Eligibility and Removal 128
5.10 Fiduciary Relationship, Indemnification and Insurance 128
5.11 Compensation 129
5.12 Committees 130
5.13 Nominating Committee 131
5.14 Committee Appointments 131
5.15 Committee Authority 132
5.16 Committee Meetings and Minutes 133
5.17 Committee Reports 134
5.18 Special Councils 134
5.19 Social Clubs 135
6 Rules of Procedure - A Short-Hand Guide 141
6.1 General 142
6.2 Meeting Organization 142
6.3 Order of Business 143
6.4 Motions and Seconds 144
6.5 Subsidiary and Incidental Motions 145
6.6 Privileged and Unclassified Motions 146
6.7 Reconsideration 147
6.8 Priority of Motions 147
6.9 Matters Out of Order 148
6.10 Waiving the Rules 149
6.11 Debate 150
6.12 Speaking at Meetings of the Board 151
6.13 Voting 152
6.14 Decorum 153
7 The Budget and Financial Reports 161
7.1 General 162
7.2 Budget for General Operations 162
7.3 Budget for Capital Expenses and Deferred Maintenance 163
7.4 Budgets for Multicondominiums 165
7.5 Developing the Proposed Budget 166
7.6 Proposed Budget and Mandatory Reserves 166
7.7 Notice and Adoption of the Budget 167
7.8 Reconsideration by the Membership 168
7.9 Waiver of Mandatory Reserves 169
7.10 Use of Reserve Funds 170
7.11 Amending the Budget 171
7.12 Unbudgeted Expenses 171
7.13 Funds in Excess of Budget 172
7.14 Annual Financial Report 173
7.15 Financial Statements and Audit 174
7.16 Governmental Financial Filings 175
8 Assessments - Levy and Collection 184
8.1 General 186
8.2 Funding the Budget 186
8.3 Allocation of Common Expenses 187
8.4 Allocation of Expenses for Association Property 188
8.5 Allocation of Expenses for Cable and Master Antenna Television Service 189
8.6 Allocation of Expenses for Unit Owner 189
8.7 Special Assessments 190
8.8 Time for Payment and Delinquency 191
8.9 Assessment Records and Certificate 192
8.10 Assessment Declaration and Satisfaction 193
8.11 Liability for Assessments 194
8.12 Interest, Late Charges and Costs 194
8.13 Application of Partial Payment of Delinquent Assessment 195
8.14 Claim of Lien 196
8.15 Withholding Payment and Contesting the Lien 197
8.16 Foreclosing the Lien 197
8.17 Rights of First Mortgage Holder 198
8.18 Developer Obligation for Assessments 199
8.19 Rights of Association to Acquire Unit 200
8.20 Uncollectible Assessments 200
9 Promulgating Rules, Amending the Documents and Modifying the Condominium Property 215
9.1 General 217
9.2 Authority and Scope of Rules 217
9.3 Review and Analysis of Documents 218
9.4 Adopting and Amending the Rules 219
9.5 Proposing Amendments to the Documents 220
9.6 Format of Proposed Amendments 220
9.7 Notice of Proposed Amendments 221
9.8 Adopting the Amendments 221
9.9 Recording the Amendments and Notice to Members 223
9.10 Amendments to the Articles of Incorporation 223
9.11 Priority of Documents 224
9.12 "Grandfather Provisions" 224
9.13 Material Modifications and Alterations 226
9.14 Installation of Hurricane Shutters 227
9.15 Amendments to the Unit and the Common Elements 228
9.16 Merger and Consolidation 229
9.17 Correcting a Scrivener's Error 230
9.18 Corrective Amendments by the Circuit Court 231
10 The Association Authority and Responsibility 238
10.1 General 239
10.2 Management and Maintenance 239
10.3 Contracting for Products and Services 240
10.4 Representation of the Unit Owners 241
10.5 Liabilities of the Association 242
10.6 Owning and Leasing Real Property 243
10.7 Granting and Modifying Easements 244
10.8 Right of Access to Units 245
10.9 Smoking and "Clean Indoor Air Act" 245
10.10 Keeping the Property Insured 246
10.11 Borrowing Money 247
10.12 Exercising All Necessary and Convenient Powers 247
10.13 Responding to Unit Owner Inquiries 248
10.14 Fire Sprinkler Systems 249
10.15 Automated External Defibrillator 249
10.16 Termination of the Condominium 250
11 Rights and Responsibilities of the Unit Owner 254
11.1 Quiet Enjoyment of the Unit 255
11.2 Use of the Common Elements 255
11.3 Appurtenances to Unit Ownership 256
11.4 Access to Cable Television Service 257
11.5 Membership and Voting Rights in the Association 258
11.6 Participation in Association Affairs 259
11.7 Fundamental Rights and Due Process 260
11.8 Compliance with the Covenants and Restrictions 261
11.9 Financial Obligations 261
11.10 Maintenance and Upkeep of the Property 263
11.11 Alterations to the Condominium Property 263
11.12 Sale and Transfer of the Condominium Parcel 265
12 The Condominium Developer and Transition 269
12.1 General 270
12.2 Association Organization and Operation 270
12.3 Limitations and Obligations of the Developer 271
12.4 Rights and Privileges of the Developer 272
12.5 "Frequently Asked Questions and Answers" 273
12.6 Assessment Responsibilities of the Developer 273
12.7 Transition Members' Meeting 275
12.8 Delivery of Documents and Financial Report 276
12.9 Organization of Owner-Controlled Board 278
12.10 Contracts of the Developer-Controlled Board 279
12.11 Statutory Warranties 280
12.12 Common Law Warranties 281
12.13 Construction Defects - Presuit Procedure 282
13 Enforcing the Documents and Resolving Disputes 290
13.1 General 292
13.2 Association's Obligation to Enforce 292
13.3 Unit Owner's Right to Enforce 293
13.4 Knowledge and Clarity of the Documents 294
13.5 Notice of Violation and Uniform, Timely Enforcement 295
13.6 Documenting the Violation 296
13.7 Authority for Fines and Penalties 296
13.8 Formal Enforcement Actions 297
13.9 Notice of Intended Arbitration 298
13.10 Arbitration 299
13.11 Voluntary Mediation 300
13.12 Enforcement in Court 301
13.13 Fees and Costs 302
13.14 Upkeep of the Condominium Property 302
13.15 Negligence by the Association 303
13.16 Architectural Standards 304
13.17 Sale and Transfer Approval 307
13.18 Lease and Rental Restrictions 308
13.19 Guest and Occupancy Restrictions 310
13.20 Age Limitations 311
13.21 Parking and Unauthorized Vehicles 312
13.22 Towing of Unauthorized Vehicles 313
13.23 Pet Restrictions 314
14 Dispute Resolution and the Division of Florida Land Sales, Condominiums and Mobile Homes 322
14.1 General 323
14.2 Jurisdiction of the Division of Florida Land Sales, Condominiums and Mobile Homes 323
14.3 Enforcement Action 324
14.4 Penalty Guidelines 325
14.5 Declaratory Statement 326
14.6 Advisory Council on Condominiums and the Ombudsman 327
Index
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  • Anonymous

    Posted March 6, 2008

    Good start on a poorly understood subject- read before you buy a Florida Condo

    Good as far as it goes. I recommend this as a place to start your education on the sad situation with self government in condos and HOA associations in FL. Be sure to check the state web site for code for changes. The book outlines the rules but does not reveal that there is little Government intervention with regard to enforcement and investigation. Unfortunately there is little advice or discussion of state enforcement. Rules in Florida appear to be made only to be broken and ignored. Fines to punish violations are hardly an incentive to entice members of the association to push for conformance to the law. FS718 is just a suggestion... adherence is the exception not the rule.

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