Ditchmen • NUCA of Florida Ditchmen - March 2024 | Page 9

Other Bills of Invterest

Condominiums / Shared Facilities
HB 1021 by Rep . V . Lopez / SB 1178 by Sen . Bradley
HB 1249 by Rep . Chamberlin / SB 1706 by Sen . Yarborough
PASSED / Vote Count : House-111-0 ; Senate-40-0
A priority bill for developers , the substance of HB 1249 / SB 1706 was amended into HB 1021 relating to condominiums . HB 1021 creates a new section of law , Chapter 718.407 , F . S ., to define “ shared facilities ” for those condominiums located within a portion of a building or within a building with other facilities ( retail , restaurants , hotel , etc .) The bill requires contracts to include a disclosure to the buyer when the condominium is part of a shared facility or multi-parcel building and provides that the budget and financial information must be made available . Other provisions of the legislation :
■ Specify the party responsible for collecting the shared expenses from all owners and the rights and remedies for enforcement of payment ;
■ Specifies the association of a condominium with shared facilities maintains the right to inspect and copy the books and records detailing costs for maintenance an operation as well as require they provide the annual financial statement and the budget to a prospective purchaser ;
■ Revises escrow requirements for nonresidential condominiums to allow the developer the option of delivering to the escrow agent a surety bond or an irrevocable letter of credit ; and ,
■ Revises provisions related to community association managers and condominium associations with respect to official condominium record access , accounting records and record-keeping rules , continuing education requirements and criminal penalties for kickbacks and fraudulent voting .
■ Require documents that state what portions of the building which are included within the condominium and the portions of the building that are excluded ;
■ Specify the party responsible for maintaining and operating shared facilities , including the roof , the exterior of the building , windows , balconies , elevators , the building lobby , corridors , recreational amenities , and utilities ;
■ Apportionment for the expenses related to maintenance and operation of shared facilities ;
MARCH 2024 • DITCHMEN 7