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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the management and safety of 2
condominium and cooperative buildings; amending s. 3
468.4334, F.S.; revising professional practice 4
standards for community association managers and 5
community association management firms; amending s. 6
553.899, F.S.; revising legislative findings; revising 7
definitions; requiring condominium associations and 8
cooperative associations to have milestone inspections 9
performed on certain buildings after they reach 25 10
years of age; removing provisions relating to certai n 11
buildings located near coastlines; revising the date 12
on which a building's certificate of occupancy was 13
issued to trigger the requirement of a milestone 14
inspection; authorizing an extension of the deadline 15
for the completion of a milestone inspection und er 16
certain circumstances; requiring certain notice be 17
given to unit owners within a specified time period; 18
authorizing additional persons to conduct phase one 19
inspections; specifying the only persons authorized to 20
conduct phase two inspections; requiring c ertain 21
associations to enter into contracts with certain 22
persons within a specified timeframe; requiring that a 23
phase two inspection begin within a specified 24
timeframe; requiring certain inspection reports to 25
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bear certain attestations; authorizing the gove rning 26
body of a municipality to adopt certain ordinances; 27
removing a specified review by the Florida Building 28
Commission; removing the requirement that the 29
commission submit a certain report to the Governor and 30
Legislature by a specified date; requiring th e 31
commission to create standardized milestone inspection 32
forms; authorizing local enforcement agencies to 33
develop their own forms and requirements; conforming 34
provisions to changes made by the act; amending ss. 35
718.103 and 719.103, F.S.; revising the defin ition of 36
"structural integrity reserve study"; amending ss. 37
718.112 and 719.106, F.S.; requiring certain items 38
that will require maintenance, repair, or replacement 39
within a certain timeframe to be included in reserve 40
accounts; removing a date by which cer tain structural 41
integrity reserve studies must be completed; providing 42
an exception to the requirement of a structural 43
integrity reserve study; requiring certain 44
associations' budgets to include reserves, in an 45
amount determined by a specified study, for c ertain 46
items; requiring the structural integrity reserve 47
study to include exterior doors; authorizing certain 48
inspections to be used in place of other inspections 49
under certain circumstances; requiring that the 50
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inspector-prepared summary of the inspection report be 51
provided to certain persons within a specified time 52
period; conforming provisions to changes made by the 53
act; amending s. 718.1255, F.S.; revising the 54
definition of a "dispute" for purposes of alternative 55
dispute resolution; requiring certain dis putes to be 56
submitted to presuit mediation; creating ss. 718.13 57
and 719.132, F.S.; authorizing unit owners and certain 58
entities to file an action in court for certain 59
injunctive relief; amending ss. 718.301 and 719.301, 60
F.S.; conforming provisions to chang es made by the 61
act; amending ss. 718.503 and 719.503, F.S.; requiring 62
that certain provisions be included in certain 63
contracts entered into after specified dates under 64
certain circumstances; conforming provisions to 65
changes made by the act; providing effec tive dates. 66
67
Be It Enacted by the Legislature of the State of Florida: 68
69
Section 1. Paragraph (b) of subsection (1) of section 70
468.4334, Florida Statutes, is amended to read: 71
468.4334 Professional practice standards; liability. — 72
(1) 73
(b) If a community association manager or a community 74
association management firm has a contract with a community 75
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association that has a building on the association's property 76
that is subject to s. 553.899, the community association manager 77
or the community associati on management firm must comply with 78
that section as directed by the board. 79
Section 2. Subsection (13) of section 553.899, Florida 80
Statutes, is renumbered as subsection (12), subsections (1) 81
through (8) and (11) and present subsection (12) are amended, 82
and a new subsection (13) is added to that section, to read: 83
553.899 Mandatory structural inspections for condominium 84
and cooperative buildings. — 85
(1) The Legislature finds that maintaining the structural 86
integrity of a building throughout the its service life of the 87
building is of paramount importance in order to ensure that 88
buildings are structurally sound so as to not pose a threat to 89
the public health, safety, or welfare. As such, the Legislature 90
finds that the imposition of a statewide structural in spection 91
program for aging condominium and cooperative buildings in this 92
state is necessary to ensure that such buildings are safe for 93
continued use. 94
(2) As used in this section, the terms: 95
(a) "Milestone inspection" means a structural inspection 96
of a building, including an inspection of load -bearing elements 97
walls and the primary structural members and primary structural 98
systems as those terms are defined in s. 627.706 . Phase one of 99
the milestone inspection must be performed , by a general 100
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contractor licensed under chapter 489 with at least 5 years' 101
experience building or constructing threshold buildings, a 102
building code administrator or building code inspector licensed 103
under part XII of chapter 468 with at least 5 years' experience 104
inspecting threshold buildings, or by a licensed architect or 105
engineer authorized to practice in this state . Phase two of the 106
milestone inspection must be performed by a licensed architect 107
or engineer authorized to practice in this state. Such 108
structural inspection must be com pleted with the purpose for the 109
purposes of attesting to the life safety and adequacy of the 110
structural components of the building and, to the extent 111
reasonably possible, determining the general structural 112
condition of the building as it affects the safety of such 113
building, including a determination of any necessary 114
maintenance, repair, or replacement of any structural component 115
of the building. The purpose of such inspection is not to 116
determine if the condition of an existing building is in 117
compliance with the Florida Building Code or the firesafety 118
code. 119
(b) "Substantial structural deterioration" means 120
substantial structural distress or a substantial structural 121
weakness that negatively affects a building's general structural 122
condition and integrity. The term does not include surface 123
imperfections such as cracks, distortion, sagging, deflections, 124
misalignment, signs of leakage, or peeling of finishes unless 125
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the licensed general contractor, building code administrator, 126
building code inspector, engineer, or architect performing the 127
phase one or phase two inspection determines that such surface 128
imperfections are a sign of substantial structural 129
deterioration. 130
(3) A condominium association under chapter 718 and a 131
cooperative association under chapter 719 must have a milestone 132
inspection performed for each building that is three stories or 133
more in height by December 31 of the year in which the building 134
reaches 25 30 years of age, based on the date the certificate of 135
occupancy for the building was issued, and ev ery 10 years 136
thereafter. If the building is located within 3 miles of a 137
coastline as defined in s. 376.031, the condominium association 138
or cooperative association must have a milestone inspection 139
performed by December 31 of the year in which the building 140
reaches 25 years of age, based on the date the certificate of 141
occupancy for the building was issued, and every 10 years 142
thereafter. The condominium association or cooperative 143
association must arrange for the milestone inspection to be 144
performed and is respo nsible for ensuring compliance with the 145
requirements of this section. The condominium association or 146
cooperative association is responsible for all costs associated 147
with the inspection. This subsection does not apply to 148
associations that only include a single-family, two-family, or 149
three-family dwellings dwelling with three or fewer habitable 150
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stories above ground. 151
(4) If a milestone inspection is required under this 152
section and the building's certificate of occupancy was issued 153
on or before December 31, 1994 July 1, 1992, the building's 154
initial milestone inspection must be performed before December 155
31, 2024. If a milestone inspection is required under this 156
section and the building's certificate of occupancy was issued 157
during the period of January 1, 1995, through December 31, 2000, 158
the building's initial milestone inspection must be performed 159
before December 31, 2026. The local enforcement agency may 160
extend the deadline for a building's initial milestone 161
inspection upon a showing of good cause by the condom inium or 162
cooperative association that the association has entered into a 163
contract for the performance of the milestone inspection but 164
that the inspection cannot reasonably be completed before the 165
deadline. If the date of issuance for the certificate of 166
occupancy is not available, the date of issuance of the 167
building's certificate of occupancy shall be the date of 168
occupancy evidenced in any record of the local building 169
official. 170
(5) Upon determining that a building must have a milestone 171
inspection, the local enforcement agency must provide written 172
notice of such required inspection to the condominium 173
association or cooperative association by certified mail, return 174
receipt requested. The condominium or cooperative association 175
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must notify the unit owners of the required milestone inspection 176
within 14 days after receipt of the written notice from the 177
local enforcement agency and provide the date that the milestone 178
inspection must be completed. 179
(6) Within 180 days after receiving the written notice 180
under subsection (5), the condominium association or cooperative 181
association must complete phase one of the milestone inspection. 182
For purposes of this section, completion of phase one of t he 183
milestone inspection means the licensed general contractor, 184
building code administrator, building code inspector, engineer, 185
or architect who performed the phase one inspection submitted 186
the inspection report by e -mail, United States Postal Service, 187
or commercial delivery service to the local enforcement agency. 188
(7) A milestone inspection consists of two phases: 189
(a) For phase one of the milestone inspection, a general 190
contractor licensed under chapter 489 with at least 5 years' 191
experience building or constructing threshold buildings, a 192
building code administrator or building code inspector licensed 193
under part XII of chapter 468 with at least 5 years' experience 194
inspecting threshold buildings, or a licensed architect or 195
engineer authorized to practice i n this state shall perform a 196
visual examination of habitable and nonhabitable areas of a 197
building, including the major structural components of a 198
building, and provide a qualitative assessment of the structural 199
conditions of the building. If the general contractor, building 200
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code administrator, building code inspector, architect, or 201
engineer finds no signs of substantial structural deterioration 202
to any building components under visual examination, phase two 203
of the inspection, as provided in paragraph (b), is not 204
required. A general contractor, a building code administrator, a 205
building code inspector, an architect, or an engineer who 206
completes a phase one milestone inspection shall prepare and 207
submit an inspection report pursuant to subsection (8). 208
(b) A phase two of the milestone inspection must be 209
performed if any substantial structural deterioration is 210
identified during phase one. Only a licensed architect or 211
engineer authorized to practice in this state may perform a 212
phase two milestone inspection. If a p hase two inspection is 213
required, the association must contract, within 90 days after 214
receipt of the phase one inspection report, with a licensed 215
architect or engineer to perform the phase two inspection. The 216
licensed architect or engineer contracted with t o perform the 217
inspection must begin the phase two inspection within 90 days 218
after entering into a contract with the association. A phase two 219
inspection may involve destructive or nondestructive testing at 220
the inspector's direction. The inspection may be as extensive or 221
as limited as necessary to fully assess areas of structural 222
distress in order to confirm that the building is structurally 223
sound and safe for its intended use and to recommend a program 224
for fully assessing and repairing distressed and damaged 225
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portions of the building. When determining testing locations, 226
the inspector must give preference to locations that are the 227
least disruptive and most easily repairable while still being 228
representative of the structure. An inspector who completes a 229
phase two milestone inspection shall prepare and submit an 230
inspection report pursuant to subsection (8). 231
(8) Upon completion of a phase one or phase two milestone 232
inspection, the general contractor, building code administrator, 233
building code inspector, architect, or engineer who performed 234
the inspection must submit a copy, or a sealed copy, if 235
applicable, of the inspection report with a separate summary of, 236
at minimum, the material findings and recommendations in the 237
inspection report to the condominium associati on or cooperative 238
association, and to the building official of the local 239
government which has jurisdiction. The inspection report must, 240
at a minimum, meet all of the following criteria: 241
(a)1. Bear an attestation and signature, or electronic 242
signature, of the licensed general contractor, building code 243
administrator, or building code inspector who performed the 244
inspection; or 245
2. Bear the seal and signature, or the electronic 246
signature, of the licensed engineer or architect who performed 247
the inspection, 248
249
indicating that such report complies with the statutory 250
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requirements for the inspection . 251
(b) Indicate the manner and type of inspection forming the 252
basis for the inspection report. 253
(c) Identify any substantial structural deterioration, 254
within a reasonable professional probability based on the scope 255
of the inspection, describe the extent of such deterioration, 256
and identify any recommended repairs for such deterioration. 257
(d) State whether unsafe or dangerous conditions, as those 258
terms are defined in the Florida Building Code, were observed. 259
(e) Recommend any remedial or preventive repair for any 260
items that are damaged but are not substantial structural 261
deterioration. 262
(f) Identify and describe any items requiring further 263
inspection. 264
(11) A board of county commissioners or the governing body 265
of a municipality may adopt an ordinance requiring that a 266
condominium or cooperative association schedule or commence 267
repairs for substantial structural deterioration within a 268
specified timeframe after the local e nforcement agency receives 269
a phase two inspection report; however, such repairs must be 270
commenced within 365 days after receiving such report. If an 271
association fails to submit proof to the local enforcement 272
agency that repairs have been scheduled or have commenced for 273
substantial structural deterioration identified in a phase two 274
inspection report within the required timeframe, the local 275
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enforcement agency must review and determine if the building is 276
unsafe for human occupancy. 277
(12) The Florida Building Commission shall review the 278
milestone inspection requirements under this section and make 279
recommendations, if any, to the Legislature to ensure 280
inspections are sufficient to determine the structural integrity 281
of a building. The commission must provide a wr itten report of 282
any recommendations to the Governor, the President of the 283
Senate, and the Speaker of the House of Representatives by 284
December 31, 2022. 285
(13) The Florida Building Commission shall create a 286
standardized milestone inspection report form for the submission 287
of such reports to local enforcement agencies by general 288
contractors, building code administrators, building code 289
inspectors, engineers, and architects. Local enforcement 290
agencies may develop their own forms and requirements and are 291
not required to use the commission's standardized forms. 292
Section 3. Subsection (25) of section 718.103, Florida 293
Statutes, is amended to read: 294
718.103 Definitions. —As used in this chapter, the term: 295
(25) "Structural integrity reserve study" means a study of 296
the reserve funds required for future major repairs and 297
replacement of the common areas based on a visual inspection of 298
the common areas. A structural integrity reserve study may be 299
performed by any person qualified to perform such study. 300
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However, the visual inspection portion of the structural 301
integrity reserve study must be performed by an engineer 302
licensed under chapter 471 , a general contractor licensed under 303
chapter 489 with at least 5 years' experience building or 304
constructing threshold buildings as defined in s. 553.71, a 305
building code administrator or building code inspector licensed 306
under part XII of chapter 468 with at least 5 years' experience 307
inspecting threshold buildings as defined in s. 553.71, or an 308
architect licensed under chapter 481. At a minimum, a structural 309
integrity reserve study must identify the common areas being 310
visually inspected, state the estimated remaining useful life 311
and the estimated replacement cost or deferred maintenance 312
expense of the common areas being visually inspecte d, and 313
provide a recommended annual reserve amount that achieves the 314
estimated replacement cost or deferred maintenance expense of 315
each common area being visually inspected by the end of the 316
estimated remaining useful life of each common area. 317
Section 4. Paragraphs (f), (g), and (h) of subsection (2) 318
of section 718.112, Florida Statutes, are amended to read: 319
718.112 Bylaws.— 320
(2) REQUIRED PROVISIONS. —The bylaws shall provide for the 321
following and, if they do not do so, shall be deemed to include 322
the following: 323
(f) Annual budget.— 324
1. The proposed annual budget of estimated revenues and 325
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expenses must be detailed and must show the amounts budgeted by 326
accounts and expense classifications, including, at a minimum, 327
any applicable expenses listed in s. 7 18.504(21). The board 328
shall adopt the annual budget at least 14 days before the start 329
of the association's fiscal year. In the event that the board 330
fails to timely adopt the annual budget a second time, it is 331
deemed a minor violation and the prior year's b udget shall 332
continue in effect until a new budget is adopted. A 333
multicondominium association must adopt a separate budget of 334
common expenses for each condominium the association operates 335
and must adopt a separate budget of common expenses for the 336
association. In addition, if the association maintains limited 337
common elements with the cost to be shared only by those 338
entitled to use the limited common elements as provided for in 339
s. 718.113(1), the budget or a schedule attached to it must show 340
the amount budgeted for this maintenance. If, after turnover of 341
control of the association to the unit owners, any of the 342
expenses listed in s. 718.504(21) are not applicable, they do 343
not need to be listed. 344
2.a. In addition to annual operating expenses, the budget 345
must include reserve accounts for capital expenditures and 346
deferred maintenance. These accounts must include, but are not 347
limited to, roof replacement, building painting, and pavement 348
resurfacing, regardless of the amount of deferred maintenance 349
expense or replacement cost, and any other item that has a 350
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deferred maintenance expense or replacement cost that exceeds 351
$10,000, and those items listed in paragraph (g) that will 352
require maintenance, repair, or replacement within the next 25 353
years. The amount to be reser ved for an item is determined by 354
the association's most recent structural integrity reserve study 355
that must be completed as provided in paragraph (g) by December 356
31, 2024. If the amount to be reserved for an item is not in the 357
association's initial or most recent structural integrity 358
reserve study or the association has not completed a structural 359
integrity reserve study, the amount must be computed using a 360
formula based upon estimated remaining useful life and estimated 361
replacement cost or deferred maintena nce expense of the reserve 362
item. However, any item with a remaining useful life greater 363
than 25 years is not required to be included in the study. If an 364
association is required to complete a structural integrity 365
reserve study, the association's budget must maintain reserves, 366
in the amount recommended in the association's most recent 367
structural integrity reserve study, for the items listed in 368
paragraph (g). The association may adjust replacement reserve 369
assessments annually to take into account any changes i n 370
estimates or extension of the useful life of a reserve item 371
caused by deferred maintenance. The members of a unit -owner-372
controlled association may determine, by a majority vote at a 373
duly called meeting of the association, to provide no reserves 374
or less reserves than required by this subsection. Effective 375
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December 31, 2024, the members of a unit -owner-controlled 376
association may not determine to provide no reserves or less 377
reserves than required by this subsection for items listed in 378
paragraph (g). 379
b. Before turnover of control of an association by a 380
developer to unit owners other than a developer under s. 381
718.301, the developer -controlled association may not vote to 382
waive the reserves or reduce funding of the reserves. If a 383
meeting of the unit owners has been called to determine whether 384
to waive or reduce the funding of reserves and no such result is 385
achieved or a quorum is not attained, the reserves included in 386
the budget shall go into effect. After the turnover, the 387
developer may vote its voting interest to waive or reduce the 388
funding of reserves. 389
3. Reserve funds and any interest accruing thereon shall 390
remain in the reserve account or accounts, and may be used only 391
for authorized reserve expenditures unless their use for other 392
purposes is approved in a dvance by a majority vote at a duly 393
called meeting of the association. Before turnover of control of 394
an association by a developer to unit owners other than the 395
developer pursuant to s. 718.301, the developer -controlled 396
association may not vote to use rese rves for purposes other than 397
those for which they were intended. Effective December 31, 2024, 398
members of a unit-owner-controlled association may not vote to 399
use reserve funds, or any interest accruing thereon, that are 400
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reserved for items listed in paragrap h (g) for any other purpose 401
other than their intended purpose. 402
4. The only voting interests that are eligible to vote on 403
questions that involve waiving or reducing the funding of 404
reserves, or using existing reserve funds for purposes other 405
than purposes for which the reserves were intended, are the 406
voting interests of the units subject to assessment to fund the 407
reserves in question. Proxy questions relating to waiving or 408
reducing the funding of reserves or using existing reserve funds 409
for purposes other t han purposes for which the reserves were 410
intended must contain the following statement in capitalized, 411
bold letters in a font size larger than any other used on the 412
face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN 413
PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY 414
RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED 415
SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. 416
(g) Structural integrity reserve study. — 417
1. An association must have a structural integrity reserve 418
study completed at least every 10 years after the condominium's 419
creation for each building on the condominium property that is 420
three stories or higher in height which includes, at a minimum, 421
a study of the following items as related to the structural 422
integrity and safety of the building: 423
a. Roof. 424
b. Load-bearing walls or other primary structural members. 425
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c. Floor. 426
d. Foundation. 427
e. Fireproofing and fire protection systems. 428
f. Plumbing. 429
g. Electrical systems. 430
h. Waterproofing and exterior painting. 431
i. Windows and exterior doors. 432
j. Any other item that has a deferred maintenance expense 433
or replacement cost that exceeds $10,000 and the failure to 434
replace or maintain such item negatively affects the items 435
listed in sub-subparagraphs a.-i., as determined by the licensed 436
engineer, general contractor, building code administrator, 437
building code inspector, or architect performing the visual 438
inspection portion of the structural integrity reserve study. 439
2. Before a developer turns over control of an association 440
to unit owners other than the developer, the developer must have 441
a structural integrity reserve study completed for each building 442
on the condominium property that is three stories or higher in 443
height. 444
3. Associations that existing on or before July 1, 2022, 445
which are controlled by unit owners other than the developer, 446
must have a structural integrity reserve study completed by 447
December 31, 2024, for each building on the condominium property 448
that is three stories or higher in height. An association that 449
is required to complete a milestone inspection on or before 450
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December 31, 2026, in accordance with s. 553.899, may complete 451
the structural integrity reserve study simultaneously with the 452
milestone inspection. In no event may the structural integrity 453
reserve study be completed after December 31, 2026. 454
4. If an association fails to complete a structural 455
integrity reserve study pursuant to this paragraph, such failure 456
is a breach of an officer's and director's fiduciary 457
relationship to the unit owners under s. 718. 111(1). 458
5. If the milestone inspection required by s. 553.899, or 459
an inspection completed for a similar local requirement, was 460
performed within the past 5 years and meets the requirements of 461
this paragraph, such inspection may be used in place of the 462
visual inspection portion of the structural integrity reserve 463
study. 464
(h) Mandatory milestone inspections. —If an association is 465
required to have a milestone inspection performed pursuant to s. 466
553.899, the association must arrange for the milestone 467
inspection to be performed and is responsible for ensuring 468
compliance with the requirements of s. 553.899. The association 469
is responsible for all costs associated with the inspection. If 470
the officers or directors of an association willfully and 471
knowingly fail to ha ve a milestone inspection performed pursuant 472
to s. 553.899, such failure is a breach of the officers' and 473
directors' fiduciary relationship to the unit owners under s. 474
718.111(1)(a). Within 60 days after Upon completion of a phase 475
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one or phase two mileston e inspection and receipt of the 476
inspector-prepared summary of the milestone inspection report 477
from any phase one or phase two milestone inspection from the 478
architect or engineer who performed the inspection , the 479
association must distribute a copy of the in spector-prepared 480
summary of the inspection report to each unit owner, regardless 481
of the findings or recommendations in the report, by United 482
States mail or personal delivery and by electronic transmission 483
to unit owners who previously consented to receive notice by 484
electronic transmission; must post a copy of the inspector -485
prepared summary in a conspicuous place on the condominium 486
property; and must publish the full report and inspector -487
prepared summary on the association's website, if the 488
association is required to have a website. If the visual 489
inspection portion of the structural integrity reserve study 490
required under paragraph (g) was performed within the past 5 491
years and meets the requirements for a milestone inspection in 492
s. 553.899, such inspection may be used in place of the phase 493
one milestone inspection. 494
Section 5. Effective July 1, 2027, subsection (5) of 495
section 718.1255, Florida Statutes, is amended, and paragraph 496
(d) is added to subsection (1) of that section, to read: 497
718.1255 Alternative dispute resolution; mediation; 498
nonbinding arbitration; applicability. — 499
(1) DEFINITIONS.—As used in this section, the term 500
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"dispute" means any disagreement between two or more parties 501
that involves: 502
(d) The failure of a board of administration, when 503
required by this chapter or a governing document of the 504
association, to: 505
1. Obtain a milestone inspection as required under s. 506
553.899. 507
2. Obtain a structural integrity reserve study as required 508
under s. 718.112(2)(g). 509
3. Fund reserve accounts as requir ed for an item 510
identified in s. 718.112(2)(g). 511
4. Make or provide necessary maintenance or repairs of the 512
condominium property as recommended by a milestone inspection or 513
a structural integrity reserve study. 514
515
"Dispute" does not include any disagreement that primarily 516
involves: title to any unit or common element; the 517
interpretation or enforcement of any warranty; the levy of a fee 518
or assessment, or the collection of an assessment levied against 519
a party; the eviction or other removal of a tenant from a un it; 520
alleged breaches of fiduciary duty by one or more directors; or 521
claims for damages to a unit based upon the alleged failure of 522
the association to maintain the common elements or condominium 523
property. 524
(5) PRESUIT MEDIATION. —In lieu of the initiation o f 525
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nonbinding arbitration as provided in subsections (1) -(4), a 526
party may submit a dispute to presuit mediation in accordance 527
with s. 720.311, except for: 528
(a) Disputes listed in paragraph (1)(d) are not subject to 529
nonbinding arbitration under subsection (4) and must be 530
submitted to presuit mediation in accordance with s. 720.311. ; 531
however, 532
(b) Election and recall disputes are not eligible for 533
mediation and such disputes must be arbitrated by the division 534
or filed in a court of competent jurisdiction. 535
Section 6. Section 718.13, Florida Statutes, is created to 536
read: 537
718.13 Injunctive relief. — 538
(1) A unit owner may institute an action in a court of 539
competent jurisdiction in which the condominium is located to 540
seek injunctive relief against the associ ation to: 541
(a) Enforce compliance with milestone inspection 542
requirements under s. 553.899 and structural integrity reserve 543
study requirements under s. 718.112(2)(g). 544
(b) Prevent irreparable injury to unit owners and the 545
association and to protect human health, safety, and welfare 546
caused or threatened by any violation of the milestone 547
inspection requirements under s. 553.899 and structural 548
integrity reserve study requirements under s. 718.112(2)(g). 549
(2) The division may, in the name of the state, seek 550
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injunctive relief in any court of competent jurisdiction in 551
which the condominium is located to obtain relief against the 552
association to enforce compliance with milestone inspection 553
requirements under s. 553.899. A proceeding commenced under this 554
subsection is in addition to, and not in lieu of, any other 555
penalty or remedy under this chapter. 556
(3) Any local authority having jurisdiction to enforce 557
milestone inspection requirements may seek injunctive relief 558
from any court of competent jurisdiction in which the 559
condominium is located against the association to enforce 560
compliance with milestone inspection requirements under s. 561
553.899, upon an affidavit of the local authority having 562
jurisdiction specifying the manner in which the condominium does 563
not conform to the requirements of s. 553.899. 564
Section 7. Paragraph (p) of subsection (4) of section 565
718.301, Florida Statutes, is amended to read: 566
718.301 Transfer of association control; claims of defect 567
by association.— 568
(4) At the time that unit owners other than the developer 569
elect a majority of the members of the board of administration 570
of an association, the developer shall relinquish control of the 571
association, and the unit owners shall accept control. 572
Simultaneously, or for the purposes of paragraph (c) not more 573
than 90 days thereafter, the developer shall deliver to the 574
association, at the developer's expense, all property of the 575
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unit owners and of the association which is held or controlled 576
by the developer, including, but not limited to, the following 577
items, if applicable, as to each condominium operated by the 578
association: 579
(p) Notwithstanding when the certificate of occupancy was 580
issued or the height of the building, a milestone inspection 581
report in compliance with s. 553.899 included in the official 582
records, under seal of an architect or engineer or under 583
attestation of a general contractor, building code 584
administrator, or building code inspector authorized to practice 585
in this state indicating that such report complies with the 586
statutory requirements for the inspection, and attesting to 587
required maintenance, condition, useful life, and replacement 588
costs of the following applicable condominium property 589
comprising a turnover inspection report: 590
1. Roof. 591
2. Structure, including load -bearing walls and primary 592
structural members and primary structural systems as those terms 593
are defined in s. 627.706. 594
3. Fireproofing and fire protection systems. 595
4. Elevators. 596
5. Heating and cooling systems. 597
6. Plumbing. 598
7. Electrical systems. 599
8. Swimming pool or spa and equipment. 600
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9. Seawalls. 601
10. Pavement and parking areas. 602
11. Drainage systems. 603
12. Painting. 604
13. Irrigation systems. 605
14. Waterproofing. 606
Section 8. Paragraph (b) of subsection (1) and paragraph 607
(a) of subsection (2) of section 718.503, Florida Statutes, are 608
amended, and paragraph (d) is added to subsection (1) and 609
paragraph (e) is added to subsection (2) of that section, to 610
read: 611
718.503 Developer disclosure prior to sale; nondeveloper 612
unit owner disclosure prior to sale; void ability.— 613
(1) DEVELOPER DISCLOSURE. — 614
(b) Copies of documents to be furnished to prospective 615
buyer or lessee.—Until such time as the developer has furnished 616
the documents listed below to a person who has entered into a 617
contract to purchase a residential unit or lease it for more 618
than 5 years, the contract may be voided by that person, 619
entitling the person to a refund of any deposit together with 620
interest thereon as provided in s. 718.202. The contract may be 621
terminated by written notice from the proposed buyer or lessee 622
delivered to the develo per within 15 days after the buyer or 623
lessee receives all of the documents required by this section. 624
The developer may not close for 15 days after the execution of 625
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the agreement and delivery of the documents to the buyer as 626
evidenced by a signed receipt fo r documents unless the buyer is 627
informed in the 15-day voidability period and agrees to close 628
before the expiration of the 15 days. The developer shall retain 629
in his or her records a separate agreement signed by the buyer 630
as proof of the buyer's agreement to close before the expiration 631
of the voidability period. The developer must retain such proof 632
for a period of 5 years after the date of the closing of the 633
transaction. The documents to be delivered to the prospective 634
buyer are the prospectus or disclosure statement with all 635
exhibits, if the development is subject to s. 718.504, or, if 636
not, then copies of the following which are applicable: 637
1. The question and answer sheet described in s. 718.504, 638
and declaration of condominium, or the proposed declaratio n if 639
the declaration has not been recorded, which shall include the 640
certificate of a surveyor approximately representing the 641
locations required by s. 718.104. 642
2. The documents creating the association. 643
3. The bylaws. 644
4. The ground lease or other unde rlying lease of the 645
condominium. 646
5. The management contract, maintenance contract, and 647
other contracts for management of the association and operation 648
of the condominium and facilities used by the unit owners having 649
a service term in excess of 1 year, an d any management contracts 650
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that are renewable. 651
6. The estimated operating budget for the condominium and 652
a schedule of expenses for each type of unit, including fees 653
assessed pursuant to s. 718.113(1) for the maintenance of 654
limited common elements where such costs are shared only by 655
those entitled to use the limited common elements. 656
7. The lease of recreational and other facilities that 657
will be used only by unit owners of the subject condominium. 658
8. The lease of recreational and other common facilitie s 659
that will be used by unit owners in common with unit owners of 660
other condominiums. 661
9. The form of unit lease if the offer is of a leasehold. 662
10. Any declaration of servitude of properties serving the 663
condominium but not owned by unit owners or leased to them or 664
the association. 665
11. If the development is to be built in phases or if the 666
association is to manage more than one condominium, a 667
description of the plan of phase development or the arrangements 668
for the association to manage two or more condom iniums. 669
12. If the condominium is a conversion of existing 670
improvements, the statements and disclosure required by s. 671
718.616. 672
13. The form of agreement for sale or lease of units. 673
14. A copy of the floor plan of the unit and the plot plan 674
showing the location of the residential buildings and the 675
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recreation and other common areas. 676
15. A copy of all covenants and restrictions that will 677
affect the use of the property and are not contained in the 678
foregoing. 679
16. If the developer is required by state o r local 680
authorities to obtain acceptance or approval of any dock or 681
marina facilities intended to serve the condominium, a copy of 682
any such acceptance or approval acquired by the time of filing 683
with the division under s. 718.502(1), or a statement that suc h 684
acceptance or approval has not been acquired or received. 685
17. Evidence demonstrating that the developer has an 686
ownership, leasehold, or contractual interest in the land upon 687
which the condominium is to be developed. 688
18. A copy of the inspector -prepared summary of the 689
milestone inspection report as described in ss. 553.899 and 690
718.112(2)(h) ss. 553.899 and 718.301(4)(p) . 691
19. A copy of the association's most recent structural 692
integrity reserve study or a statement that the association has 693
not completed a structural integrity reserve study. 694
(d) Milestone inspection or structural integrity reserve 695
study.— 696
1. If the association is required to have a milestone 697
inspection as described in ss. 553.899 and 718.112(2)(h) or a 698
structural integrity reserve st udy as described in s. 699
718.112(2)(g), and the association has not completed the 700
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milestone inspection or structural integrity reserve study, each 701
contract entered into on or after January 1, 2025, for the sale 702
of a residential unit must contain in conspicuo us type a 703
statement indicating that the association is required to have a 704
milestone inspection or a structural integrity reserve study and 705
the association has failed to complete such inspection or study, 706
as applicable. 707
2. If the association is required t o have a milestone 708
inspection as described in ss. 553.899 and 718.112(2)(h) or a 709
structural integrity reserve study as described in s. 710
718.112(2)(g), and the association has completed such inspection 711
or study, each contract entered into on or after January 1, 712
2025, for the sale of a residential unit must contain a copy of 713
the most recent milestone inspection report or structural 714
integrity reserve study, as applicable. 715
3. If the association is not required to have a milestone 716
inspection as described in ss. 553.899 and 718.112(2)(h) or a 717
structural integrity reserve study as described in s. 718
718.112(2)(g), each contract entered into on or after January 1, 719
2025, for the sale of a residential unit must contain in 720
conspicuous type a statement indicating that the association is 721
not required to have a milestone inspection or a structural 722
integrity reserve study, as applicable. 723
(2) NONDEVELOPER DISCLOSURE. — 724
(a) Each unit owner who is not a developer as defined by 725
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this chapter must comply with this subsection bef ore the sale of 726
his or her unit. Each prospective purchaser who has entered into 727
a contract for the purchase of a condominium unit is entitled, 728
at the seller's expense, to a current copy of all of the 729
following: 730
1. The declaration of condominium. 731
2. Articles of incorporation of the association. 732
3. Bylaws and rules of the association. 733
4. Financial information required by s. 718.111. 734
5. A copy of the inspector -prepared summary of the 735
milestone inspection report as described in ss. 553.899 and 736
718.112(2)(h) ss. 553.899 and 718.301(4)(p) , if applicable. 737
6. The association's most recent structural integrity 738
reserve study or a statement that the association has not 739
completed a structural integrity reserve study. 740
7. The document entitled "Freque ntly Asked Questions and 741
Answers" required by s. 718.504. 742
(e)1. If the association is required to have a milestone 743
inspection as described in ss. 553.899 and 718.112(2)(h) or a 744
structural integrity reserve study as described in s. 745
718.112(2)(g), and the association has not completed the 746
milestone inspection or structural integrity reserve study, each 747
contract entered into on or after January 1, 2025, for the sale 748
of a residential unit must contain in conspicuous type a 749
statement indicating that the associ ation is required to have a 750
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milestone inspection or a structural integrity reserve study and 751
the association has failed to complete such inspection or study, 752
as applicable. 753
2. If the association is required to have a milestone 754
inspection as described in ss. 553.899 and 718.112(2)(h) or a 755
structural integrity reserve study as described in s. 756
718.112(2)(g), and the association has completed such inspection 757
or study, each contract entered into on or after January 1, 758
2025, for the sale of a residential unit m ust contain a copy of 759
the most recent milestone inspection report or structural 760
integrity reserve study, as applicable. 761
3. If the association is not required to have a milestone 762
inspection as described in ss. 553.899 and 718.112(2)(h) or a 763
structural integrity reserve study as described in s. 764
718.112(2)(g), each contract entered into on or after January 1, 765
2025, for the sale of a residential unit must contain in 766
conspicuous type a statement indicating that the association is 767
not required to have a milesto ne inspection or a structural 768
integrity reserve study, as applicable. 769
Section 9. Subsection (24) of section 719.103, Florida 770
Statutes, is amended to read: 771
719.103 Definitions. —As used in this chapter: 772
(24) "Structural integrity reserve study" means a study of 773
the reserve funds required for future major repairs and 774
replacement of the common areas based on a visual inspection of 775
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the common areas. A structural integrity reserve study may be 776
performed by any person qualified to perform such study. 777
However, the visual inspection portion of the structural 778
integrity reserve study must be performed by an engineer 779
licensed under chapter 471 , a general contractor licensed under 780
chapter 489 with at least 5 years' experience building or 781
constructing threshold bu ildings as defined in s. 553.71; a 782
building code administrator or building code inspector licensed 783
under part XII of chapter 468 with at least 5 years' experience 784
inspecting threshold buildings as defined in s. 553.71; or an 785
architect licensed under chapte r 481. At a minimum, a structural 786
integrity reserve study must identify the common areas being 787
visually inspected, state the estimated remaining useful life 788
and the estimated replacement cost or deferred maintenance 789
expense of the common areas being visual ly inspected, and 790
provide a recommended annual reserve amount that achieves the 791
estimated replacement cost or deferred maintenance expense of 792
each common area being visually inspected by the end of the 793
estimated remaining useful life of each common area. 794
Section 10. Paragraphs (j), (k), and (l) of subsection (1) 795
of section 719.106, Florida Statutes, are amended to read: 796
719.106 Bylaws; cooperative ownership. — 797
(1) MANDATORY PROVISIONS. —The bylaws or other cooperative 798
documents shall provide for the f ollowing, and if they do not, 799
they shall be deemed to include the following: 800
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(j) Annual budget.— 801
1. The proposed annual budget of common expenses must be 802
detailed and must show the amounts budgeted by accounts and 803
expense classifications, including, if applicable, but not 804
limited to, those expenses listed in s. 719.504(20). The board 805
of administration shall adopt the annual budget at least 14 days 806
before the start of the association's fiscal year. In the event 807
that the board fails to timely adopt the an nual budget a second 808
time, it is deemed a minor violation and the prior year's budget 809
shall continue in effect until a new budget is adopted. 810
2. In addition to annual operating expenses, the budget 811
must include reserve accounts for capital expenditures a nd 812
deferred maintenance. These accounts must include, but are not 813
be limited to, roof replacement, building painting, and pavement 814
resurfacing, regardless of the amount of deferred maintenance 815
expense or replacement cost, and for any other items for which 816
the deferred maintenance expense or replacement cost exceeds 817
$10,000, and those items listed in paragraph (k) that will 818
require maintenance, repair, or replacement within the next 25 819
years. The amount to be reserved for an item is determined by 820
the association's most recent structural integrity reserve study 821
that must be completed as provided in paragraph (k) by December 822
31, 2024. If the amount to be reserved for an item is not in the 823
association's initial or most recent structural integrity 824
reserve study or the association has not completed a structural 825
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integrity reserve study, the amount must be computed by means of 826
a formula which is based upon estimated remaining useful life 827
and estimated replacement cost or deferred maintenance expense 828
of the reserve item. However, any item with a remaining useful 829
life greater than 25 years is not required to be included in the 830
study. If an association is required to complete a structural 831
integrity reserve study, the association's budget must maintain 832
reserves, in the amount recommended in the association's most 833
recent structural integrity reserve study, for the items listed 834
in paragraph (k). The association may adjust replacement reserve 835
assessments annually to take into account any changes in 836
estimates or extension of t he useful life of a reserve item 837
caused by deferred maintenance. The members of a unit -owner-838
controlled association may determine, at a duly called meeting 839
of the association, for a fiscal year to provide no reserves or 840
reserves less adequate than required by this subsection. Before 841
turnover of control of an association by a developer to unit 842
owners other than a developer under s. 719.301, the developer -843
controlled association may not vote to waive the reserves or 844
reduce funding of the reserves. Effective De cember 31, 2024, a 845
unit-owner-controlled association may not determine to provide 846
no reserves or reserves less adequate than required by this 847
paragraph for items listed in paragraph (k). If a meeting of the 848
unit owners has been called to determine to provi de no reserves, 849
or reserves less adequate than required, and such result is not 850
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attained or a quorum is not attained, the reserves as included 851
in the budget shall go into effect. 852
3. Reserve funds and any interest accruing thereon shall 853
remain in the reserve account or accounts, and shall be used 854
only for authorized reserve expenditures unless their use for 855
other purposes is approved in advance by a vote of the majority 856
of the voting interests, voting in person or by limited proxy at 857
a duly called meeting of the association. Before turnover of 858
control of an association by a developer to unit owners other 859
than the developer under s. 719.301, the developer may not vote 860
to use reserves for purposes other than that for which they were 861
intended. Effective Decemb er 31, 2024, members of a unit -owner-862
controlled association may not vote to use reserve funds, or any 863
interest accruing thereon, that are reserved for items listed in 864
paragraph (k) for purposes other than their intended purpose. 865
(k) Structural integrity reserve study.— 866
1. An association must have a structural integrity reserve 867
study completed at least every 10 years for each building on the 868
cooperative property that is three stories or higher in height 869
that includes, at a minimum, a study of the followi ng items as 870
related to the structural integrity and safety of the building: 871
a. Roof. 872
b. Load-bearing walls or other primary structural members. 873
c. Floor. 874
d. Foundation. 875
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e. Fireproofing and fire protection systems. 876
f. Plumbing. 877
g. Electrical systems. 878
h. Waterproofing and exterior painting. 879
i. Windows and exterior doors. 880
j. Any other item that has a deferred maintenance expense 881
or replacement cost that exceeds $10,000 and the failure to 882
replace or maintain such item negatively affects the items 883
listed in sub-subparagraphs a.-i., as determined by the licensed 884
engineer, general contractor, building code administrator, 885
building code inspector, or architect performing the visual 886
inspection portion of the structural integrity reserve study. 887
2. Before a developer turns over control of an association 888
to unit owners other than the developer, the developer must have 889
a structural integrity reserve study completed for each building 890
on the cooperative property that is three stories or higher in 891
height. 892
3. Associations that existing on or before July 1, 2022, 893
which are controlled by unit owners other than the developer, 894
must have a structural integrity reserve study completed by 895
December 31, 2024, for each building on the cooperative property 896
that is three stories or higher in height. An association that 897
is required to complete a milestone inspection on or before 898
December 31, 2026, in accordance with s. 553.899, may complete 899
the structural integrity reserve study simultaneously with the 900
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milestone inspection. In no event may the structural integrity 901
reserve study be completed after December 31, 2026. 902
4. If an association fails to complete a structural 903
integrity reserve study pursuant to this paragraph, such failure 904
is a breach of an officer's and direc tor's fiduciary 905
relationship to the unit owners under s. 719.104(8). 906
5. If the milestone inspection required by s. 553.899, or 907
an inspection completed for a similar local requirement, was 908
performed within the past 5 years and meets the requirements of 909
this paragraph, such inspection may be used in place of the 910
visual inspection portion of the structural integrity reserve 911
study. 912
(l) Mandatory milestone inspections. —If an association is 913
required to have a milestone inspection performed pursuant to s. 914
553.899, the association must arrange for the milestone 915
inspection to be performed and is responsible for ensuring 916
compliance with the requirements of s. 553.899. The association 917
is responsible for all costs associated with the inspection. If 918
the officers or directors of an association willfully and 919
knowingly fail to have a milestone inspection performed pursuant 920
to s. 553.899, such failure is a breach of the officers' and 921
directors' fiduciary relationship to the unit owners under s. 922
719.104(8)(a). Within 60 days after Upon completion of a phase 923
one or phase two milestone inspection and receipt of the 924
inspector-prepared summary of the milestone inspection report 925
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from any phase one or phase two milestone inspection the 926
architect or engineer who performed the insp ection, the 927
association must distribute a copy of the inspector -prepared 928
summary of the inspection report to each unit owner, regardless 929
of the findings or recommendations in the report, by United 930
States mail or personal delivery and by electronic transmis sion 931
to unit owners who previously consented to receive notice by 932
electronic transmission; must post a copy of the inspector -933
prepared summary in a conspicuous place on the cooperative 934
property; and must publish the full report and inspector -935
prepared summary on the association's website, if the 936
association is required to have a website. If the visual 937
inspection portion of the structural integrity reserve study 938
required under paragraph (k) was performed within the past 5 939
years and meets the requirements for a milestone inspection in 940
s. 553.899, such inspection may be used in place of the phase 941
one milestone inspection. 942
Section 11. Section 719.132, Florida Statutes, is created 943
to read: 944
719.132 Injunctive relief. — 945
(1) A unit owner may institute an action in a court of 946
competent jurisdiction in which the cooperative is located to 947
seek injunctive relief against the association to: 948
(a) Enforce compliance with milestone inspection 949
requirements under s. 553.899 and structural integrity reserve 950
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requirements under s. 719.106(1)(k). 951
(b) Prevent irreparable injury to unit owners and the 952
association and to protect human health, safety, and welfare 953
caused or threatened by any violation of the milestone 954
inspection requirements under s. 553.899 and structural 955
integrity reserve requirements under s. 719.106(1)(k). 956
(2) The division may, in the name of the state, seek 957
injunctive relief in any court of competent jurisdiction in 958
which the cooperative is located to obtain relief against the 959
association to enforce compli ance with milestone inspection 960
requirements under s. 553.899. A proceeding commenced under this 961
subsection is in addition to, and not in lieu of, any other 962
penalty or remedy under this chapter. 963
(3) Any local authority having jurisdiction to enforce 964
milestone inspection requirements may seek injunctive relief 965
from any court of competent jurisdiction in which the 966
cooperative is located against the association to enforce 967
compliance with milestone inspection requirements under s. 968
553.899, upon an affidavit of the local authority having 969
jurisdiction specifying the manner in which the cooperative does 970
not conform to the requirements of s. 553.899. 971
Section 12. Paragraph (p) of subsection (4) of section 972
719.301, Florida Statutes, is amended to read: 973
719.301 Transfer of association control. — 974
(4) When unit owners other than the developer elect a 975
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majority of the members of the board of administration of an 976
association, the developer shall relinquish control of the 977
association, and the unit owners shall accept control. 978
Simultaneously, or for the purpose of paragraph (c) not more 979
than 90 days thereafter, the developer shall deliver to the 980
association, at the developer's expense, all property of the 981
unit owners and of the association held or controlled by the 982
developer, including, but not limited to, the following items, 983
if applicable, as to each cooperative operated by the 984
association: 985
(p) Notwithstanding when the certificate of occupancy was 986
issued or the height of the building, a milestone inspection 987
report in compliance with s. 553.899 included in the official 988
records, under seal of an architect or engineer or under 989
attestation of a general contractor, building code 990
administrator, or building code inspector authorized to practice 991
in this state indicating that such report complies with the 992
statutory requirements for the inspection , attesting to required 993
maintenance, condition, useful life, and replacement costs of 994
the following applicable cooperative property comprising a 995
turnover inspection report: 996
1. Roof. 997
2. Structure, including load -bearing walls and primary 998
structural members and primary structural systems as those terms 999
are defined in s. 627.706. 1000
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3. Fireproofing and fire protection systems. 1001
4. Elevators. 1002
5. Heating and cooling systems. 1003
6. Plumbing. 1004
7. Electrical systems. 1005
8. Swimming pool or spa and equipment. 1006
9. Seawalls. 1007
10. Pavement and parking areas. 1008
11. Drainage systems. 1009
12. Painting. 1010
13. Irrigation systems. 1011
14. Waterproofing. 1012
Section 13. Paragraph (b) of subsection (1) and paragraph 1013
(a) of subsection (2) of section 719.503, Florida Statutes, are 1014
amended, and paragraph (d) is added to subsection (1) and 1015
paragraph (d) is added to subsection (2) of that section, to 1016
read: 1017
719.503 Disclosure prior to sale. — 1018
(1) DEVELOPER DISCLOSURE.— 1019
(b) Copies of documents to be furnished to prospective 1020
buyer or lessee.—Until such time as the developer has furnished 1021
the documents listed below to a person who has entered into a 1022
contract to purchase a unit or lease it for more than 5 year s, 1023
the contract may be voided by that person, entitling the person 1024
to a refund of any deposit together with interest thereon as 1025
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provided in s. 719.202. The contract may be terminated by 1026
written notice from the proposed buyer or lessee delivered to 1027
the developer within 15 days after the buyer or lessee receives 1028
all of the documents required by this section. The developer may 1029
not close for 15 days after the execution of the agreement and 1030
delivery of the documents to the buyer as evidenced by a receipt 1031
for documents signed by the buyer unless the buyer is informed 1032
in the 15-day voidability period and agrees to close before the 1033
expiration of the 15 days. The developer shall retain in his or 1034
her records a separate signed agreement as proof of the buyer's 1035
agreement to close before the expiration of the voidability 1036
period. The developer must retain such proof for a period of 5 1037
years after the date of the closing transaction. The documents 1038
to be delivered to the prospective buyer are the prospectus or 1039
disclosure statement with all exhibits, if the development is 1040
subject to s. 719.504, or, if not, then copies of the following 1041
which are applicable: 1042
1. The question and answer sheet described in s. 719.504, 1043
and cooperative documents, or the proposed cooperative document s 1044
if the documents have not been recorded, which shall include the 1045
certificate of a surveyor approximately representing the 1046
locations required by s. 719.104. 1047
2. The documents creating the association. 1048
3. The bylaws. 1049
4. The ground lease or other under lying lease of the 1050
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cooperative. 1051
5. The management contract, maintenance contract, and 1052
other contracts for management of the association and operation 1053
of the cooperative and facilities used by the unit owners having 1054
a service term in excess of 1 year, and any management contracts 1055
that are renewable. 1056
6. The estimated operating budget for the cooperative and 1057
a schedule of expenses for each type of unit, including fees 1058
assessed to a shareholder who has exclusive use of limited 1059
common areas, where such costs are shared only by those entitled 1060
to use such limited common areas. 1061
7. The lease of recreational and other facilities that 1062
will be used only by unit owners of the subject cooperative. 1063
8. The lease of recreational and other common areas that 1064
will be used by unit owners in common with unit owners of other 1065
cooperatives. 1066
9. The form of unit lease if the offer is of a leasehold. 1067
10. Any declaration of servitude of properties serving the 1068
cooperative but not owned by unit owners or leased to them or 1069
the association. 1070
11. If the development is to be built in phases or if the 1071
association is to manage more than one cooperative, a 1072
description of the plan of phase development or the arrangements 1073
for the association to manage two or more cooperatives. 1074
12. If the cooperative is a conversion of existing 1075
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improvements, the statements and disclosure required by s. 1076
719.616. 1077
13. The form of agreement for sale or lease of units. 1078
14. A copy of the floor plan of the unit and the plot plan 1079
showing the location of the residential buildings and the 1080
recreation and other common areas. 1081
15. A copy of all covenants and restrictions that will 1082
affect the use of the property and are not contained in the 1083
foregoing. 1084
16. If the developer is required by state or local 1085
authorities to obtain acceptance or approval of any dock or 1086
marina facilities intended to serve the cooperative, a copy of 1087
any such acceptance or approval acquired by the time of filing 1088
with the division pursuant to s. 719.502(1) or a statement that 1089
such acceptance or approval has not been acquired or received. 1090
17. Evidence demonstrating that the developer has an 1091
ownership, leasehold, or contractual interest in the land upon 1092
which the cooperative is to be developed. 1093
18. A copy of the inspector -prepared summary of the 1094
milestone inspection report as described in ss. 553.899 and 1095
719.106(1)(l) ss. 553.899 and 719.301(4)(p) , if applicable. 1096
19. A copy of the association's most recent structural 1097
integrity reserve study or a statement that the association has 1098
not completed a structural integrity reserve study. 1099
(d) Milestone inspection or structural integrity reserve 1100
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study.— 1101
1. If the association is required to have a milestone 1102
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1103
structural integrity re serve study as described in s. 1104
719.106(1)(k), and the association has not completed the 1105
milestone inspection or structural integrity reserve study, each 1106
contract entered into on or after January 1, 2025, for the sale 1107
of a residential unit must contain in c onspicuous type a 1108
statement indicating that the association is required to have a 1109
milestone inspection or a structural integrity reserve study and 1110
the association has failed to complete such inspection or study, 1111
as applicable. 1112
2. If the association is re quired to have a milestone 1113
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1114
structural integrity reserve study as described in s. 1115
719.106(1)(k), and the association has completed such inspection 1116
or study, each contract entered into on or after January 1, 1117
2025, for the sale of a residential unit must contain a copy of 1118
the most recent milestone inspection report or structural 1119
integrity reserve study, as applicable. 1120
3. If the association is not required to have a milestone 1121
inspection as describe d in ss. 553.899 and 719.106(1)(l) or a 1122
structural integrity reserve study as described in s. 1123
719.106(1)(k), each contract entered into on or after January 1, 1124
2025, for the sale of a residential unit must contain in 1125
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conspicuous type a statement indicating that the association is 1126
not required to have a milestone inspection or a structural 1127
integrity reserve study, as applicable. 1128
(2) NONDEVELOPER DISCLOSURE. — 1129
(a) Each unit owner who is not a developer as defined by 1130
this chapter must comply with this subsection before the sale of 1131
his or her interest in the association. Each prospective 1132
purchaser who has entered into a contract for the purchase of an 1133
interest in a cooperative is entitled, at the seller's expense, 1134
to a current copy of all of the followin g: 1135
1. The articles of incorporation of the association. 1136
2. The bylaws and rules of the association. 1137
3. A copy of the question and answer sheet as provided in 1138
s. 719.504. 1139
4. A copy of the inspector -prepared summary of the 1140
milestone inspection report as described in ss. 553.899 and 1141
719.106(1)(l) ss. 553.899 and 719.301(4)(p) , if applicable. 1142
5. A copy of the association's most recent structural 1143
integrity reserve study or a statement that the association has 1144
not completed a structural integrity reserv e study. 1145
(d)1. If the association is required to have a milestone 1146
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1147
structural integrity reserve study as described in s. 1148
719.106(1)(k), and the association has not completed the 1149
milestone inspection or structural integrity reserve study, each 1150
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contract entered into on or after January 1, 2025, for the sale 1151
of a residential unit must contain in conspicuous type a 1152
statement indicating that the association is required to have a 1153
milestone inspection or a structural integrity reserve study and 1154
the association has failed to complete such inspection or study, 1155
as applicable. 1156
2. If the association is required to have a milestone 1157
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1158
structural integrity reserve study as described in s. 1159
719.106(1)(k), and the association has completed such inspection 1160
or study, each contract entered into on or after January 1, 1161
2025, for the sale of a residential unit must contain a copy of 1162
the most recent milestone i nspection report or structural 1163
integrity reserve study, as applicable. 1164
3. If the association is not required to have a milestone 1165
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1166
structural integrity reserve study as described in s. 1167
719.106(1)(k), each contract entered into on or after January 1, 1168
2025, for the sale of a residential unit must contain in 1169
conspicuous type a statement indicating that the association is 1170
not required to have a milestone inspection or a structural 1171
integrity reserve study, as applicable. 1172
Section 14. Except as otherwise expressly provided in this 1173
act, this act shall take effect July 1, 2023. 1174