Resident-Owned Community Guide for Florida Cooperatives

by Ashley E. Gault, Peter M. Dunbar

Overview

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.

Product Details

ISBN-13:	9781561647262
Publisher:	Pineapple Press, Inc.
Publication date:	11/01/2014
Edition description:	Third Edition
Pages:	346
Product dimensions:	5.90(w) x 8.90(h) x 1.00(d)

About the Author

Attorney 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. 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