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2010 Summary of Changes & Opinions

Katzman Garfinkel & Berger Summary

Educational Seminars

IMPORTANT CHANGES AFFECTING ASSOCIATIONS

  • CAM Management Companies / Firms must be licensed by the DBPR (not just the State of Florida)
  • Any person or firm managing condominiums with 10+ units or a budget of $100,000 must be licensed by the DBPR
  • Co-owners of a unit may not serve on the Board together, unless there is no on else qualified to serve.  If the co-owners own more than one unit, than the co-owners may serve for each unit owned.
  • No Association owned unit's vote may be considered
  • Owners who are 90 days or more delinquent with assessments may not serve on the Board
  • Certain common element usage rights may be suspended for unit owners / and or tenants
  • Past due unit owners rights may be suspended
  • Any director 90 days past due in maintenance is considered to automatically have abandoned their position.
  • Directors removed or suspended by the DBPR may not serve
  • Records must be kept within 45 miles or within the county of the condominium
  • Specific wording required to waive or reduce reserves & on proxies
  • Certain religious decorations allowed
  • Clarification of hurricane shutter specs and responsibility for maintenance
  • Condominiums greater than 3 stories must be inspected by an architect every 5 years
  • Officers, agents and members of the Board of Directors are required to adhere to a "good faith" and "reasonably prudent person standard" and provides for monetary damages and criminal penalties for breach of this standard.
 
 
 
 
 
 
 
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