- Declaration of Condominium is
the master deed that's recorded in the county where the condominium is located and creates the condominium. It defines the
portions of the development that individual owners are responsible for and those managed by the Association. It creates
the framework for operating/managing the Association and defines the rights, restrictions and responsibilities of each owner
in the Association. It provides legal descriptions and identifies units and common expense percentages.
Articles of Incorporation (corporate charter) bring
the Condominium Association (i.e., the corporation) into existence and describe its structure.
Plan & Survey define what's included in the Association and sets boundaries for condominium units,
land and common areas/structures.
Bylaws define how the Association
- Rules and Regulations are supplemental restrictions
authorized by the bylaws and promulgated by the board. They regulate day-to-day use of the condominium
units and common areas.
Here's the order of document precedence. FL Statutes overrule all other documents unless they specifically say "unless
defined in the association's Declaration".
Florida Administrative Code
- Chapters 61B-15 through 61B-24 (Forms/definitions, filings, documents, developer obligations,
penalties, resolution guidelines, financial, the Association, conversion & mediation)
61B-45 (Non-binding arbitration rules)
- Chapter 61B-50 (Recall arbitration rules)
1. Florida Statutes Stipulate Website Requirements
Per FL Statute 718.111(12)(g):
1. By January 1, 2019, an association
managing a condominium with 150 or more units shall post digital copies of the documents specified in subparagraph 2 (see
below) on its website.
a. The association’s website must be an independent website wholly owned
and operated by the association or a website operated by a third-party provider dedicated to the association’s activities
b. The association’s website must be accessible through the Internet
and must contain sections accessible only to unit owners and employees of the association.
Upon a unit owner’s written request, the association must provide the unit owner with a username and password for accessing
the protected sections of the association’s website.
2. A current copy of the
following documents must be posted in digital format on the association’s website:
The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
b. The recorded bylaws of the association and each amendment to the bylaws.
The articles of incorporation of the association filed with the Department of State.
The rules of the association.
e. A list of all executed contracts or documents to which the association or
the unit owners have an obligation or responsibility and a list of bids received by the association within the past year.
Summaries or copies of bids for materials, equipment, or services which exceed $500 must be maintained on the website for
f. The annual budget and any proposed budget to be considered at the
g. The annual audited financial statements and any monthly income or expense
statement to be considered at a meeting.
h. The certification of each director.
i. All contracts or transactions between the association and any director, officer, corporation,
firm, or unaffiliated association or any other entity in which an association director is also a director or officer and financially
j. Any contract or document regarding a conflict of interest or possible
conflict of interest.
k. The notice of any Unit Owner Meeting and the agenda for the meeting
no later than 14 days before the meeting. The notice must be posted on the front page of the website or on a separate page
of the website labeled “Notices” and linked from the front page. The association must also post on its website
any document to be considered and voted on by the owners during the meeting or any document listed on the agenda at least
7 days before the meeting.
l. Notice of any Board Meeting, the agenda, and any other document
required for the meeting, which must be posted no later than the date required for notice.
Designation of the person or entity, with a street or email address, for receipt of a request for an estoppel certificate.
3. The association shall ensure that the information and records which are not allowed to be accessible
to unit owners, are not posted on the association’s website. Notwithstanding the foregoing, the association or its agent
is not liable for disclosing information that is protected or restricted pursuant to this paragraph unless such disclosure
was made with a knowing or intentional disregard of the protected or restricted nature of such information.
4. The failure of the association to post information required under subparagraph 2 is not in and
of itself sufficient to invalidate any action or decision of the association’s board or its committees.
2. Florida Statutes Amend Estoppel Certificate
Senate Bill 398 enacted into law in 2017 significantly amended Florida
statute 718.116, effective July 1, 2017, regarding Estoppel Certificates:
have 10 business days (previously 15 days) to issue an estoppel certificate after receiving a written or electronic request.
If not delivered within 10 business days, a fee may not be charged for preparing and delivering the certificate.
must designate on their website a person or entity with a street or e-mail address for receipt of an estoppel request.
• Estoppel certificates must be provided by hand delivery, regular
mail, or e-mail to the requestor on the date of issuance of the certificate.
certificates must be completed by a board member, authorized agent or representative of the association, or the management
• Estoppel certificates that are hand delivered or sent
by electronic mail have a 30-day effective period; estoppel certificates sent by regular mail have a 35-day effective period.
• Associations can amend estoppel certificates within the 30- or
35-day period and, upon issuance of an amended estoppel certificate, a new 30- or 35-day effective period starts. Associations
may not charge a fee for amended estoppel certificates.
waive the right to collect any money owed in excess of the amount specified in an estoppel certificate from any person who
in good faith relies upon the estoppel certificate.
may not charge more than $250 for the preparation and delivery of an estoppel certificate if, on the date of issuance, no
delinquent amounts are owed to the Association. If delinquent amounts are owed, an additional fee of up to $150 may be charged.
An association is not prohibited from requiring the fee for an estoppel certificate to be paid prior to the closing of the
real estate transaction.
• An expedited fee of up to $100 may be charged
if an estoppel requestor asks for an estoppel certificate to be delivered within 3 business days.
• If a title agent prepays an estoppel fee and the closing does not occur, the association
must refund the estoppel fee to the title agent upon written request made within 30 days after the planned closing date and
reasonable documentation that the closing did not occur. The association has 30 days after receipt of the refund request to
reimburse the title agent. The right to reimbursement may not be waived or modified by any agreement.
5 years, the fees specified above will be adjusted by the Department of Business and Professional Regulation and posted on
The amendments also outline the information that must be included on estoppel
certificates. This information is provided via this website’s FL Statute 718 Legislative Changes 2017 Link.
3. Article from the Palm Beach Post (August 14, 2016):
Time to Smother Florida's Fire Sprinkler Requirement Scare
Ryan Poliakoff The Condo Consultant
the past month, significant confusion has developed concerning whether low- and mid-rise condominium buildings (those not
greater than 75 feet tall) must comply with Florida laws that require high-rise condominiums without certain types of fire
safety systems to either retrofit their properties to include these systems, or opt out by a unit-owner vote.
The Florida Fire Prevention Code provides that
all high-rise buildings, defined as those greater than 75 feet tall, shall be protected by an approved, supervised automatic
fire sprinkler system, to be installed not later than Dec. 31, 2019. There are exceptions for certain buildings, including
those that have an approved engineered life safety system (such as a partial sprinkler system along with compartmentalization,
smoke detection and control, and other similar systems).
The Condominium Act has, for many years, provided that the members of an association may, by majority vote, opt out
of this requirement. The statute (Section 718.112) says that, by “Dec. 31, 2016, a residential condominium association
that is not in compliance with the requirements for a fire sprinkler system and has not voted to forgo retrofitting of such
a system” must become compliant by the 2019 deadline. That seems simple enough. (Note that in
2019 the FL legislature extended the deadline to January 1, 2024)
The problem is that, at one point, the statute expressly referred to high-rise condominiums,
and that language was removed. The Florida Department of Business and Professional Regulation has recently taken the position
that the removal of the “high rise” language effectively applied the Fire Prevention Code sprinkler requirements
to all condominiums, regardless of height. This has caused a panic among low-rise condominium properties, which had never
considered they might be obligated to retrofit their properties. A minority of association attorneys have agreed with the
DBPR, and are advising their low-rise clients that they should conduct opt-out votes so they are not subject to the sprinkler
The Florida Fire Sprinkler
Association Inc. and the American Fire Sprinkler Association’s Florida chapter have recently released a statement that
strongly disagrees with the DBPR’s interpretation of the law. They point out that no state sprinkler retrofit requirement
for mid-and low-rise condominiums exists, anywhere. The only state code requirement, by its own definition, relates exclusively
to high-rise properties.
state law or statute, including the Condo Act, contains any sprinkler retrofit requirement. The Condo Act simply says that
— notwithstanding any code, statute, ordinance, administrative rule or regulation — an association is not obligated
to retrofit the common elements with a fire sprinkler system, if the members have voted to forgo that requirement. Importantly,
it does not say the converse — that, absent an opt-out vote, a condominium must install a sprinkler system. That requirement
is only found in the Fire Prevention Code, and the Fire Prevention Code only applies to high-rise buildings. Further, it makes
sense that the high-rise language was removed from the Act. The opt-out provision in the Condo Act can be used not only to
opt out of state laws, but also to opt out of local codes and ordinances.
While the state law has no mid- or low-rise sprinkler requirement, it is conceivable
that a local code somewhere in Florida does require low-rise buildings to install full sprinkler systems — and if so,
the statutory procedure can arguably be used to opt out of that requirement, as well. I am not aware of any such codes, but
I do suggest that even low-rise condominiums check with their local fire marshal to ensure that no such requirement exists.
Absent that, however, and accepting you can never predict how any individual judge interprets a law, it seems highly unlikely
the language of the Condominium Act, by itself, could be interpreted to require low- or mid-rise condominiums to install sprinklers
or fire safety systems.
Keep in mind,
the position of the FFSA and the AFSA is against the interest of all fire sprinkler installers. Their members could make millions
by supporting the DBPR interpretation of the Condominium Act. They are, to their credit, instead stating the most logical
conclusion — that you can’t create a legal requirement that doesn’t exist by removing language from a statute
that didn’t control the issue in the first place.
Ryan Poliakoff is a co-author of “New Neighborhoods - The Consumer’s Guide to Condominium, Co-Op
and HOA Living” and a partner at Backer Aboud Poliakoff & Foelster, LLP.