Pavilion from the Ocean

Pavilion from the Ocean

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We are enforcing Florida Statutes 2010

 718.303 Obligations of owners and occupants; remedies.—

(3)  If a unit owner is delinquent for more than 90 days in paying a monetary obligation due to the association, the association may suspend the right of a unit owner or a unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the monetary obligation is paid. This subsection does not apply to limited common elements intended to be used only by that unit, common elements that must be used to access the unit, utility services provided to the unit, parking spaces, or elevators. The association may also levy reasonable fines for the failure of the owner of the unit, or its occupant, licensee, or invitee, to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine does not become a lien against a unit. A fine may not exceed $100 per violation. However, a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing. However, the
fine may not in the aggregate exceed $1,000. A fine may not be levied and a suspension may not be imposed unless the association first provides at least 14 days’ written notice and an opportunity for a hearing to the unit owner and, if applicable, its occupant, licensee, or invitee. The hearing must be held before a committee of other unit owners who are neither board members nor persons residing in a board member’s household. If the committee does not agree with the fine or suspension, the fine or suspension may not be levied or imposed.

(4) The notice and hearing requirements of subsection (3) do not apply to the imposition of suspensions or fines against a unit owner or a unit’s occupant, licensee, or invitee because of failing to pay any amounts due the association. If such a fine or suspension is imposed, the association must levy the fine or impose a reasonable suspension at a properly noticed board meeting, and after the imposition of such fine or suspension, the association must notify the unit owner and, if applicable, the unit’s occupant, licensee, or invitee by mail or hand delivery.

(5) An association may also suspend the voting rights of a member due to nonpayment of any monetary obligation due to the association which is more than 90 days delinquent. The suspension ends upon full payment of all obligations currently due or overdue the association.

Has Your Association Updated its Frequently Asked Questions & Answers Disclosure?

The Florida Condominium Act requires both developer-controlled associations and unit-owner controlled associations to prepare a “Frequently Asked Questions and Answers” (commonly referred to as a “Q&A Sheet”). The Q&A Sheet must include information:
  • regarding unit owners’ voting rights;
  • unit use restrictions, including restrictions on leasing of a unit;
  • indicating whether and in what amount the unit owners or the association is obligated to pay rent or land use fees for recreational or other commonly used facilities;
  • identifying the amount of the current assessment levied pursuant to the budget for each unit type and whether payment is required monthly, quarterly, or otherwise;
  • identifying any court cases in which the association is currently a party of record where the association may face liability in excess of $100,000; and
  • whether membership in a master or recreational facilities association is mandatory and, if so, what fees are be charged per unit type.
The Q&A Sheet must be updated annually and must be kept as part of the association’s official
records. It must be provided to a prospective purchaser of a condominium unit in connection
with resales of a unit. The completed, up-to-date “Frequently Asked Questions and Answers” form, and any application forms required in connection with the association’s transfer approval authority, must be provided to the seller and prospective purchasers at no charge.
Keeping and updating the Q&A Sheet is one area where many condominium associations are not diligent, and are often in violation of the law.

Concrete Restoration to Commence Monday, April 25th 2011

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Miami Condo Sales See 85 Percent Jump in March - Miami News - Riptide 2.0

Miami's real estate woes are far from over, but the sales numbers from March bring hope that things are getting better. Sales of existing condos jumped 85 percent in the Miami Metropolitan Area in March 2011 compared to March 2010, and jumped 80 percent compared to February 2011.

Miami Condo Sales See 85 Percent Jump in March - Miami News - Riptide 2.0