(1) A vote to forego retrofitting may not be obtained by general proxy or limited proxy, but shall be obtained by a vote personally cast at a duly called membership meeting, or by execution of a written consent by the member, and shall be effective upon the recording of a certificate attesting to such vote in the public records of the county where the condominium is located. The association shall provide each unit owner written notice of the vote to forego retrofitting of the required handrails or guardrails, or both, in at least 16-point bold type, by certified mail, within 20 days after the association’s vote. After such notice is provided to each owner, a copy of such notice shall be provided by the current owner to a new owner prior to closing and shall be provided by a unit owner to a renter prior to signing a lease.
(2) As part of the information collected annually from condominiums, the division shall require condominium associations to report the membership vote and recording of a certificate under this subsection and, if retrofitting has been undertaken, the per-unit cost of such work. The division shall annually report to the Division of State Fire Marshal of the Department of Financial Services the number of condominiums that have elected to forego retrofitting.
History.—s. 1, ch. 2004-80; s. 16, ch. 2019-165.
Structure Florida Statutes
Title XL - Real and Personal Property
Part I - General Provisions (Ss. 718.101-718.129)
718.1035 - Power of attorney; compliance with chapter.
718.104 - Creation of condominiums; contents of declaration.
718.1045 - Timeshare estates; limitation on creation.
718.105 - Recording of declaration.
718.106 - Condominium parcels; appurtenances; possession and enjoyment.
718.107 - Restraint upon separation and partition of common elements.
718.1085 - Certain regulations not to be retroactively applied.
718.109 - Legal description of condominium parcels.
718.110 - Amendment of declaration; correction of error or omission in declaration by circuit court.
718.115 - Common expenses and common surplus.
718.116 - Assessments; liability; lien and priority; interest; collection.
718.117 - Termination of condominium.
718.119 - Limitation of liability.
718.122 - Unconscionability of certain leases; rebuttable presumption.
718.1224 - Prohibition against SLAPP suits.
718.1225 - Federal Condominium and Cooperative Abuse Relief Act of 1980; applicability.
718.123 - Right of owners to peaceably assemble.
718.1232 - Cable television service; resident’s right to access without extra charge.
718.124 - Limitation on actions by association.
718.1255 - Alternative dispute resolution; mediation; nonbinding arbitration; applicability.
718.1256 - Condominiums as residential property.
718.1265 - Association emergency powers.