INTRODUCTION
Excerpts taken from a publication by the Department of Business and
Professional Regulation Division of Condominiums
The State of Florida provides for a number of rights for condominium owners
through Chapter 718, Florida Statutes ("F.S."), also known as the
Condominium Act, and the corresponding administrative rules, Chapters 61B-15
through 61B-24, Florida Administrative Code ("F.A.C."). Several
major responsibilities correspond to this type of community living. This
brochure summarizes the rights and responsibilities of unit owners under the
Condominium Act.
You should refer to the specific statutory
section or rule for the exact language of the cited provision. You
may contact the Bureau of Customer Service at the address on this brochure
to obtain a copy of the statute or the rules. (Or click here
to access the complete statutes online).
RIGHTS
Meetings and Notices
Unit owners have the right to:
1. Receive at least 48 hours
notice, posted conspicuously on the association property, of board and
committee meetings. Section 718.112(2)(c), F.S.
2. Attend board and committee
meetings except for meetings between the board or a committee and the
association's attorney, with respect to proposed or pending litigation,
when the meeting is held for the purpose of seeking or rendering legal
advice. Section 718.112(2)(c), F.S.
3. Receive notice of meetings
at which the board shall consider a special assessment or changes to rules
concerning unit use. Notice must be by mail or personal delivery and
posted on the condominium property at least 14 continuous days in
advance. Section 718.112(2)(c), F.S.
4. Receive notice of the annual
meeting, including an agenda, by mail or personal delivery and by posting
on the condominium property at least 14 continuous days in advance.
Section 718.112(2)(d)2., F.S.
5. Receive at least 14 days
advance notice of the budget meeting along with a copy of the proposed
annual budget by mail or personal delivery. section 718.112(2)(e),
F.S.
6. Receive notice of any legal
action in which the association may be exposed to liability in excess of
insurance coverage so that unit owners may intervene and defend on their
own behalf. Section 718.119(3), F.S.
7. Speak at board, committee,
and annual meetings subject to reasonable restrictions. Sections
718.112(2)(c), F.S.; Rule 61B-23.002(8), F.A.C.
8. Tape record, either via
audio or video, board, committee, or unit owner meetings subject to
reasonable restrictions. Section 718.112(2)(c), F.S.; Rule
61B-23.002(11), F.A.C.
9. Receive written notification
of any special assessment which must state the specific purpose(s) of the
special assessment. Upon completing the project, any excess funds
are considered common surplus and the board may, at its discretion, either
return the common surplus to the unit owners or apply it as a credit
toward future assessments. Section 718.116(10), F.S.
10. Receive notification of a
hearing before a committee of other unit owners before the board can levy
any fine provided in the declaration or bylaws. No such fine may
exceed $100 per violation. The association may levy a fine on the
basis of each day of a continuing violation, not to exceed a total of
$1,000 per violation. No such fine may become a lien against the
unit. Section 718.303(3), F.S.
ELECTIONS
Unit owners have the right to:
1. Receive the first notice of
the date of the election no less than 60 days prior to the election either
by mail or personal delivery. Rule 61B-23.0021(4), F.A.C.
2. Submit his or her name, in
writing, as a candidate for election to the board no less than 40 days
prior to the election. To be eligible for board membership, a person
must meet the requirements set forth in the declaration. A person
convicted of any felony, by any United States court of record, who has not
had the right to vote restored pursuant to law in the jurisdiction of his
or her residence is not eligible for board membership. The validity
of a board action is not affected by a later determination that a board
member is ineligible for board membership due to a prior felony
conviction. Section 718.112(2)(d)1., F.S.; Rule 61B-23.0021(5),
F.A.C.
3. Submit, if he or she wishes,
his or her candidate information sheet no less than 35 days prior to the
election. Rule 61B-23.0021(7), F.A.C.
4. Receive a second notice of
the election, an agenda, an inner envelope, an outer envelope, and copies
of any timely submitted candidate information sheets no less than 14 days
prior to the election either by mail or personal delivery. Rule
61B-23.0021(8), F.A.C.
5. Vote for the board by
written, secret ballot or voting machine if there are more candidates than
vacancies. If there are not more candidates than vacancies, then the
association is not required to hold an election. Rule 61B-23.0021,
F.A.C.
6. Vote for the board by
limited or general proxy if different election procedures are approved by
a majority of the total voting interests. Such provision must appear
in the association bylaws. Section 718.112(2)(d), F.S.
Voting,
Generally
Unit owners have the right to:
1. Vote regarding proposed
changes in the percentage by which the unit owners share the common
expenses and own the common surplus. These changes require approval
by 100% of all unit owners and lien holders unless the declaration of
condominium as originally recorded provides for less than 100% approval
for such changes. Section 718.110(4), F.S.
2. Vote by limited proxies
unless general proxies are specifically allowed by statute.
a. Both
limited and general proxies may be used to establish a quorum.
b. Limited
proxies must be used for votes taken to waive or reduce reserves, votes
taken to waive financial statement requirements, votes taken to amend the
declaration, articles of incorporation, or bylaws, and for any other
matter for which Chapter 718, F.S., requires or permits a vote of the unit
owners.
c. A proxy
is not valid for more than 90 days.
d. Proxies
may not be used for the election of board members except in associations
where a majority of the total voting interests have voted to provide for
different voting and election procedures in the bylaws. These
procedures may provide for conducting elections by limited or general
proxy. Section 718.112(2)(b) and 718.112(2)(d), F.S.
3. Vote at a meeting or by
written agreement with a majority of all unit owners to recall any board
member. Section 718.112(2)(j), F.S.; Rules 61B-23.0027 or
61B-23.0028, F.A.C.
Association
Funds
Unit owners have the right to:
1. Receive financial
information which covers the previous 12 months as follows:
a. If the
association consists of 50 units or less....
b. If the
association consists of more than 50 units regardless of the association's
annual revenue, within 90 days following the end of the fiscal or calendar
year or annually as provided in the bylaws, the association must provide a
compiled, reviewed, or audited financial statement. Section
718.111(14), F.S.; Rule 61B-22.006(10), F.A.C.
2. Receive written notice of
the budget meeting, along with a copy of the proposed budget, including
reserves, which the association must mail or deliver at least 14 days
prior to the meeting.
Generally
Unit owners have the right to:
1. Exclusive ownership of their
condominium unit. Section 718.103(26), F.S.
2. Membership in the
association and full voting rights as provided in the declaration of
condominium. Section 718.106(2), F.S.
...
6. Inspect the association's
official records subject to the reasonable rules adopted by the
association.
a. The
association must make its records available for unit owner inspection
within five working days after receiving a written request.
b. If an
association has reasonable access to a copy machine, then a unit owner may
ask for copies for which the association may charge a reasonable fee.
c. NOTE: The
association does not have the responsibility to mail or deliver copies to
a unit owner nor does an association bear any duty to send copies to a
unit owner. Section 718.111(12), F.S.; Rule 61B-23.002, F.A.C.
7. Expect the board, upon
receiving a written inquiry by certified mail, return receipt requested,
to do one of the following:
a. Provide a
substantive response in writing with 30 days;
b. Notify
the unit owner within 30 days that it has requested a legal opinion and
then provide a response in writing within 60 days; or
c. Notify
the unit owner within 30 days that it has requested advice from the
division and then provide a written response within 10 days of receiving
the division's advice. The association may adopt reasonable rules
and regulations regarding the frequency and manner of responding to such
inquiries, FOR EXAMPLE: the association is only obligated to respond
to one written inquiry per unit in any given 30-day period. Section
718.112(2)(a)2., F.S.
8. Apply to the circuit court
of the county in which the condominium is located for a receiver if the
association fails to fill vacancies on the board sufficient to constitute
a quorum. Section 718.1124, F.S.
9. Participate in the voluntary
mediation or mandatory, non-binding arbitration processes to resolve
certain disputes. Section 718.1255, F.S.; Rule 61B-45, F.A.C.
10. Vote to cancel any grant or
reservation made by a declaration, lease, or other document, and any
contract made by an association prior to turnover of control to the unit
owners other than the developer. Such cancellation requires a 75%
vote of approval of the unit owners in most cases. Section 718.302,
F.S.
11. Bring action for damages or
injunctive relief, or both against the association, another unit owner, a
tenant or invitee, or a director who willfully and knowingly fails to
comply with Chapter 718, F.S., the applicable administrative rules, or the
condominium documents.
a. The
prevailing party is entitled to recover reasonable attorney's fees.
b. Prior to
court action involving certain types of disputes, however, the parties
must petition for mandatory non-binding arbitration through the
division. Section 718.303(1) and 718.1255, F.S.; Rule 61B-45, F.A.C.
Essentials
To maintain peaceful community living, the unit
owners and their elected board of directors must maintain on-going, open
communication. Section 718.119(2), F.S., of the Condominium Act
states that a unit owner may be held personally liable for the acts and
omissions of the association in relation to the use of the common
elements. Unit owners should therefore take on these additional
responsibilities:
1. Attend and participate in
all unit owner meetings;
2. Attend all board and
committee meetings and review the minutes;
3. Vote on issues presented for
a unit owner vote and elections;
4. Cooperate with other unit
owners in day-to-day community life;
5. Bring any concerns or
problems to the board of directors' attention;
6. Serve on the board of
directors as needed; and
7. Be familiar with the
provisions of the condominium documents.
Published September 2001, Dept of Business
and Professional Regulations
