Florida Senate - 2015                                    SB 1018
       
       
        
       By Senator Sachs
       
       
       
       
       
       34-00980-15                                           20151018__
    1                        A bill to be entitled                      
    2         An act relating to condominiums; amending s. 718.112,
    3         F.S.; providing that the annual budget of a
    4         multicondominium association may provide for an item
    5         that has a deferred maintenance expense or replacement
    6         cost that exceeds a specified amount if approved by
    7         the board; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (f) of subsection (2) of section
   12  718.112, Florida Statutes, is amended to read:
   13         718.112 Bylaws.—
   14         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   15  following and, if they do not do so, shall be deemed to include
   16  the following:
   17         (f) Annual budget.—
   18         1. The proposed annual budget of estimated revenues and
   19  expenses must be detailed and must show the amounts budgeted by
   20  accounts and expense classifications, including, if applicable,
   21  but not limited to, those expenses listed in s. 718.504(21). A
   22  multicondominium association shall adopt a separate budget of
   23  common expenses for each condominium the association operates
   24  and shall adopt a separate budget of common expenses for the
   25  association. In addition, if the association maintains limited
   26  common elements with the cost to be shared only by those
   27  entitled to use the limited common elements as provided for in
   28  s. 718.113(1), the budget or a schedule attached to it must show
   29  the amount budgeted for this maintenance. If, after turnover of
   30  control of the association to the unit owners, any of the
   31  expenses listed in s. 718.504(21) are not applicable, they need
   32  not be listed.
   33         2. In addition to annual operating expenses, the budget
   34  must include reserve accounts for capital expenditures and
   35  deferred maintenance. These accounts must include, but are not
   36  limited to, roof replacement, building painting, and pavement
   37  resurfacing, regardless of the amount of deferred maintenance
   38  expense or replacement cost. If approved by the board, the
   39  annual budget may also provide, and for any other item that has
   40  a deferred maintenance expense or replacement cost that exceeds
   41  $100,000 $10,000. The amount to be reserved must be computed
   42  using a formula based upon estimated remaining useful life and
   43  estimated replacement cost or deferred maintenance expense of
   44  each reserve item. The association may adjust replacement
   45  reserve assessments annually to take into account any changes in
   46  estimates or extension of the useful life of a reserve item
   47  caused by deferred maintenance. This subsection does not apply
   48  to an adopted budget in which the members of an association have
   49  determined, by a majority vote at a duly called meeting of the
   50  association, to provide no reserves or less reserves than
   51  required by this subsection. However, prior to turnover of
   52  control of an association by a developer to unit owners other
   53  than a developer pursuant to s. 718.301, the developer may vote
   54  to waive the reserves or reduce the funding of reserves through
   55  the period expiring at the end of the second fiscal year after
   56  the fiscal year in which the certificate of a surveyor and
   57  mapper is recorded pursuant to s. 718.104(4)(e) or an instrument
   58  that transfers title to a unit in the condominium which is not
   59  accompanied by a recorded assignment of developer rights in
   60  favor of the grantee of such unit is recorded, whichever occurs
   61  first, after which time reserves may be waived or reduced only
   62  upon the vote of a majority of all nondeveloper voting interests
   63  voting in person or by limited proxy at a duly called meeting of
   64  the association. If a meeting of the unit owners has been called
   65  to determine whether to waive or reduce the funding of reserves,
   66  and no such result is achieved or a quorum is not attained, the
   67  reserves included in the budget shall go into effect. After the
   68  turnover, the developer may vote its voting interest to waive or
   69  reduce the funding of reserves.
   70         3. Reserve funds and any interest accruing thereon shall
   71  remain in the reserve account or accounts, and may be used only
   72  for authorized reserve expenditures unless their use for other
   73  purposes is approved in advance by a majority vote at a duly
   74  called meeting of the association. Prior to turnover of control
   75  of an association by a developer to unit owners other than the
   76  developer pursuant to s. 718.301, the developer-controlled
   77  association shall not vote to use reserves for purposes other
   78  than that for which they were intended without the approval of a
   79  majority of all nondeveloper voting interests, voting in person
   80  or by limited proxy at a duly called meeting of the association.
   81         4. The only voting interests that are eligible to vote on
   82  questions that involve waiving or reducing the funding of
   83  reserves, or using existing reserve funds for purposes other
   84  than purposes for which the reserves were intended, are the
   85  voting interests of the units subject to assessment to fund the
   86  reserves in question. Proxy questions relating to waiving or
   87  reducing the funding of reserves or using existing reserve funds
   88  for purposes other than purposes for which the reserves were
   89  intended shall contain the following statement in capitalized,
   90  bold letters in a font size larger than any other used on the
   91  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
   92  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
   93  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
   94  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
   95         Section 2. This act shall take effect July 1, 2015.