The Condominium Concept: A Practical Guide for Officers, Owners, Realtors, Attorneys, and Directors of Florida Condominiums

by Peter M. Dunbar

Overview

A practical and popular guide to operating a successful condominium association in Florida. Working tool with forms and references to the latest Florida Statutes. For officers, owners, realtors, attorneys and directors.

Product Details

ISBN-13:	9781683343080
Publisher:	Rowman & Littlefield Publishers, Inc.
Publication date:	02/15/2022
Edition description:	Sixteenth Edition
Pages:	392
Sales rank:	393,403
Product dimensions:	6.00(w) x 8.90(h) x 0.90(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.

Table of Contents

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