6. Advisory Council on Condominiums (Condominiums 718.50151) An advisory council consisting of 7 members is created to receive input from the public and make recommendations to the Division of Florida Land Sales, Condominiums, and Mobile Homes.

Effective October 1, 2004

7. Office of the Condominium Ombudsman (Condominiums 718.5011, 718.5012, 718.5014) Creates an Office of Condominium Ombudsman. The Ombudsman shall be a bureau chief of the Division of Florida Land Sales, Condominiums, and Mobile Homes and be appointed by the Governor. The Ombudsman can prepare and issue reports, make recommendations, act as liaison between the Division, owners, board members, community association managers and help them understand their rights and responsibilities, can create educational materials, monitor disputes, and encourage meetings between the owner, board members and community association managers to assist in resolving disputes.

Effective October 1, 2004

8. Handrails (Condominiums 718.1085 and Cooperatives 719.1055) Allows unit owners in condominium and cooperative associations which meet the definition of “housing for older persons” to vote to exempt themselves from any requirement at law to retrofit any common element or units of an association with handrails and guardrails, provided that two-thirds of the unit owners approve the vote to forego the retrofitting at a noticed meeting or by written consent. A vote to forego retrofitting may not be obtained by general proxy or limited proxy; rather, it must be obtained by a vote personally cast at a duly called membership meeting, or by execution of written consents by the members. Currently, retrofitting is not required for most condominiums and cooperatives under 75 feet in height.

The Statute prohibits a condominium association from foregoing the retrofitting of common areas of a “high rise” building. The term “high-rise building” is defined as a building that is greater than 75 feet in height measured from the lowest level of fire department access to the floor of the highest occupyable story.

The Association must provide each unit owner written notice of the vote to forego retrofitting of the required fire sprinkler system in the format of at least 16 point bold type, by certified mail, within 20 days after the association’s vote. After such notice is provided to each owner, a copy of such notice must be provided by the current owner to a new owner prior to closing and shall be provided by a unit owner to a renter prior to signing a lease.

As part of the information collected annually from condominiums, the Division shall require condominium associations and cooperatives to report the membership vote to forego retrofitting and the recording of a certificate and, if retrofitting has been undertaken, the per-unit cost of such work shall be reported.

Effective July 1, 2004

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