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SOME OTHER NEW LAWS CONDOS MUST FOLLOW – PART TWO
By
Eric Glazer, Esq.
Published August 1, 2022
DISTRIBUTION OF THE INSPECTION REPORTS
Upon completion of a phase
one or phase two milestone inspection and receipt of the
inspector-prepared summary of the inspection report from the
architect or engineer who performed the inspection, the
association must distribute a copy of the inspector-prepared
summary of the inspection report to each unit owner, regardless
of the findings or recommendations in the report, by United
States mail or personal delivery and by electronic transmission
to unit owners who previously consented to receive notice by
electronic transmission; must post a copy of the
inspector-prepared summary in a conspicuous place on the
condominium property; and must publish the full report and
inspector-prepared summary on the association's website, if the
association is required to have a website.
THE DEVELOPER’S TURNOVER REPORT
Notwithstanding when the
certificate of occupancy was issued or the height of the
building, the developer must provide a milestone
inspection report in compliance with s. 553.899 included in the
official records, under seal of an architect or engineer
authorized to practice in this state, and attesting to required
maintenance, condition, useful life, and replacement costs of
the following applicable condominium property common elements
comprising a turnover inspection report:
1. Roof.
2. Structure, including
load-bearing walls and primary structural members and primary
structural systems as those terms are defined in s. 627.706.
3. Fireproofing and fire
protection systems.
4. Elevators.
5. Heating and cooling
systems.
6. Plumbing.
7. Electrical systems.
8. Swimming pool or spa and
equipment.
9. Seawalls.
10. Pavement and parking
areas.
11. Drainage systems.
12. Painting.
13. Irrigation systems.
14. Waterproofing
15. A copy of the
association's most recent structural integrity reserve study.
POWERS OF THE DIVISION
So let’s say the developer
is ignoring all of these new safety laws. Does the DBPR have
any power to do anything about it?
(1)
The division may enforce and ensure compliance with this chapter and rules
relating to the development, construction, sale, lease,
ownership, operation, and management of residential condominium
units and complaints related to the procedural completion of
milestone inspections under s. 553.899.
However, Once The Developer Has Turned Over…
(2)
However, after turnover has occurred, the division has jurisdiction to
investigate complaints related only to financial issues,
elections, and the maintenance of and unit owner access to
association records under s. 718.111(12), and the procedural
completion of structural integrity reserve studies under s.
718.112(2)(g).
So………..if your Board ignores these new
safety laws and you want to do something about it…..it’s off to
court.
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric has been the host of Condo Craze
and HOAs, a weekly one hour radio show that airs at 11:00 a.m.
each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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