B. LEGISLATION AFFECTING CONDOMINIUM AND COOPERATIVE ASSOCIATIONS - Senate Bill 1184, Senate Bill 2984 and Senate Bill 1728.
1. Defibrillators in Community Associations (768.1325(3)) Community associations with an automatic external defibrillator device will be immune from civil liability for any harm resulting from its use if it complies with the requirements of the statute. Additionally, insurers cannot require community associations with an automatic external defibrillator device to have medical malpractice liability insurance or exclude damages resulting from the use of a defibrillator from an association’s general liability insurance.
Effective October 1, 2004
2. Rental Restriction Amendments(Condominiums 718.110(13)) Any amendment to the Declaration that restricts rental rights will only apply to unit owners who consent to the amendment and to those who purchase their units after the effective date of the amendment.
Effective October 1, 2004
3. Limitation of Liability for Responses to Requests for Information (Condominiums 718.111(12)(e)) The statute was changed last year (2003) to allow associations or their authorized agents to charge up to $150.00 for providing information to prospective purchasers or lien holders about the condominium or the association. The 2004 legislation limits liability to the association and its agent who provide such information in good faith and provided the following written statement is included in the response to the request for information: “The responses herein are made in good faith and to the best of my ability as to their accuracy.”
Effective October 1, 2004
4. Vote to Forego Fire Sprinkler Retrofitting (Condominium 718.112(2)(l)) and Cooperatives 719.1055(5)) Members of a condominium or cooperative association voting to forego fire sprinkler retrofitting can vote by limited proxy or ballot at a meeting of the membership and the Association must give at least 14 days notice of the meeting to all members. Previously the statutes specifically restricted owners from voting by general or limited proxy. The association must also provide notice of the results of the opt-out vote to its members within thirty (30) days of the vote and proof that notice of the vote was provided to the members must be filed with the official records of the Association.
Effective October 1, 2004
5. Non-Developer Disclosure (Condominiums 718.503(2)) Requires the seller of a condominium unit to provide the prospective purchaser with a copy of the association’s “Frequently Asked Questions and Answers”.
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