H1663 GENERAL BILL
by Brandenburg (Compare H 1223, S
2498) Condominiums/Disclosure
Document; requires developers & unit owners to provide specific
question & answer disclosure document to certain purchasers.
Amends 718.504.
EFFECTIVE DATE: 07/01/2004.
03/02/04 HOUSE Filed; Introduced
-HJ 00128
CODING: Words stricken
are deletions; words underlined are
additions.
HB 1663
1 A bill to be entitled
2 An act relating to condominiums; amending
s. 718.504,
3 F.S.; requiring developers and unit
owners to provide a
4 specific question and answer disclosure
document to
5 certain purchasers; providing an effective
date.
6
7 Be It Enacted by the Legislature of
the State of Florida:
8
9 Section
1. Section 718.504, Florida Statutes, is amended
10 to read:
11 718.504
Prospectus or offering circular; "Frequently Asked
12 Questions
and Answers".--Every developer of a residential
13 condominium which contains more than
20 residential units, or
14 which is part of a group of residential
condominiums which will
15 be served by property to be used in
common by unit owners of
16 more than 20 residential units, shall
prepare a prospectus or
17 offering circular and file it with
the Division of Florida Land
18 Sales, Condominiums, and Mobile Homes
prior to entering into an
19 enforceable contract of purchase and
sale of any unit or lease
20 of a unit for more than 5 years and
shall furnish a copy of the
21 prospectus or offering circular to
each buyer. In addition to
22 the prospectus or offering circular,
any prospective each
buyer
23 of a unit
from the developer or a current unit owner shall be
24 furnished a separate document
page entitled "Frequently
Asked
25 Questions and Answers," which shall
be in accordance with a
26 format approved by the division and
a copy of the financial
27 information required by s. 718.111.
This document page
shall, in
28 readable language, inform prospective
purchasers regarding their
29 voting rights and unit use restrictions,
including restrictions
30 on the leasing of a unit; shall indicate
whether and in what
31 amount the unit owners or the association
is obligated to pay
32 rent or land use fees for recreational
or other commonly used
33 facilities; shall contain a statement
identifying that amount of
34 assessment which, pursuant to the budget,
would be levied upon
35 each unit type, exclusive of any special
assessments, and which
36 shall further identify the basis upon
which assessments are
37 levied, whether monthly, quarterly,
or otherwise; shall state
38 and identify any court cases in which
the association is
39 currently a party of record in which
the association may face
40 liability in excess of $100,000; and
which shall further state
41 whether membership in a recreational
facilities association is
42 mandatory, and if so, shall identify
the fees currently charged
43 per unit type. The division shall by
rule require such other
44 disclosure as in its judgment will
assist prospective
45 purchasers. The prospectus or offering
circular may include more
46 than one condominium, although not
all such units are being
47 offered for sale as of the date of
the prospectus or offering
48 circular. The prospectus or offering
circular must contain the
49 following information:
50 (1)
The front cover or the first page must contain only:
51 (a)
The name of the condominium.
52 (b)
The following statements in conspicuous type:
53 1.
THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
54 MATTERS TO BE CONSIDERED IN ACQUIRING
A CONDOMINIUM UNIT.
55 2.
THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
56 NATURE. A PROSPECTIVE PURCHASER SHOULD
REFER TO ALL REFERENCES,
57 ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS,
AND SALES
58 MATERIALS.
59 3.
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
60 STATING THE REPRESENTATIONS OF THE
DEVELOPER. REFER TO THIS
61 PROSPECTUS (OFFERING CIRCULAR) AND
ITS EXHIBITS FOR CORRECT
62 REPRESENTATIONS.
63 (2)
Summary: The next page must contain all statements
64 required to be in conspicuous type
in the prospectus or offering
65 circular.
66 (3)
A separate index of the contents and exhibits of the
67 prospectus.
68 (4)
Beginning on the first page of the text (not including
69 the summary and index), a description
of the condominium,
70 including, but not limited to, the
following information:
71 (a)
Its name and location.
72 (b)
A description of the condominium property, including,
73 without limitation:
74 1.
The number of buildings, the number of units in each
75 building, the number of bathrooms and
bedrooms in each unit, and
76 the total number of units, if the condominium
is not a phase
77 condominium, or the maximum number
of buildings that may be
78 contained within the condominium, the
minimum and maximum
79 numbers of units in each building,
the minimum and maximum
80 numbers of bathrooms and bedrooms that
may be contained in each
81 unit, and the maximum number of units
that may be contained
82 within the condominium, if the condominium
is a phase
83 condominium.
84 2.
The page in the condominium documents where a copy of
85 the plot plan and survey of the condominium
is located.
86 3.
The estimated latest date of completion of
87 constructing, finishing, and equipping.
In lieu of a date, the
88 description shall include a statement
that the estimated date of
89 completion of the condominium is in
the purchase agreement and a
90 reference to the article or paragraph
containing that
91 information.
92 (c)
The maximum number of units that will use facilities
93 in common with the condominium. If
the maximum number of units
94 will vary, a description of the basis
for variation and the
95 minimum amount of dollars per unit
to be spent for additional
96 recreational facilities or enlargement
of such facilities. If
97 the addition or enlargement of facilities
will result in a
98 material increase of a unit owner's
maintenance expense or
99 rental expense, if any, the maximum
increase and limitations
100 thereon shall be stated.
101 (5)(a)
A statement in conspicuous type describing whether
102 the condominium is created and being
sold as fee simple
103 interests or as leasehold interests.
If the condominium is
104 created or being sold on a leasehold,
the location of the lease
105 in the disclosure materials shall
be stated.
106 (b)
If timeshare estates are or may be created with
107 respect to any unit in the condominium,
a statement in
108 conspicuous type stating that timeshare
estates are created and
109 being sold in units in the condominium.
110 (6)
A description of the recreational and other commonly
111 used facilities that will be used
only by unit owners of the
112 condominium, including, but not limited
to, the following:
113 (a)
Each room and its intended purposes, location,
114 approximate floor area, and capacity
in numbers of people.
115 (b)
Each swimming pool, as to its general location,
116 approximate size and depths, approximate
deck size and capacity,
117 and whether heated.
118 (c)
Additional facilities, as to the number of each
119 facility, its approximate location,
approximate size, and
120 approximate capacity.
121 (d)
A general description of the items of personal
122 property and the approximate number
of each item of personal
123 property that the developer is committing
to furnish for each
124 room or other facility or, in the
alternative, a representation
125 as to the minimum amount of expenditure
that will be made to
126 purchase the personal property for
the facility.
127 (e)
The estimated date when each room or other facility
128 will be available for use by the unit
owners.
129 (f)1.
An identification of each room or other facility to
130 be used by unit owners that will not
be owned by the unit owners
131 or the association;
132 2.
A reference to the location in the disclosure materials
133 of the lease or other agreements providing
for the use of those
134 facilities; and
135 3.
A description of the terms of the lease or other
136 agreements, including the length of
the term; the rent payable,
137 directly or indirectly, by each unit
owner, and the total rent
138 payable to the lessor, stated in monthly
and annual amounts for
139 the entire term of the lease; and
a description of any option to
140 purchase the property leased under
any such lease, including the
141 time the option may be exercised,
the purchase price or how it
142 is to be determined, the manner of
payment, and whether the
143 option may be exercised for a unit
owner's share or only as to
144 the entire leased property.
145 (g)
A statement as to whether the developer may provide
146 additional facilities not described
above; their general
147 locations and types; improvements
or changes that may be made;
148 the approximate dollar amount to be
expended; and the maximum
149 additional common expense or cost
to the individual unit owners
150 that may be charged during the first
annual period of operation
151 of the modified or added facilities.
152
153 Descriptions as to locations, areas,
capacities, numbers,
154 volumes, or sizes may be stated as
approximations or minimums.
155 (7)
A description of the recreational and other facilities
156 that will be used in common with other
condominiums, community
157 associations, or planned developments
which require the payment
158 of the maintenance and expenses of
such facilities, either
159 directly or indirectly, by the unit
owners. The description
160 shall include, but not be limited
to, the following:
161 (a)
Each building and facility committed to be built.
162 (b)
Facilities not committed to be built except under
163 certain conditions, and a statement
of those conditions or
164 contingencies.
165 (c)
As to each facility committed to be built, or which
166 will be committed to be built upon
the happening of one of the
167 conditions in paragraph (b), a statement
of whether it will be
168 owned by the unit owners having the
use thereof or by an
169 association or other entity which
will be controlled by them, or
170 others, and the location in the exhibits
of the lease or other
171 document providing for use of those
facilities.
172 (d)
The year in which each facility will be available for
173 use by the unit owners or, in the
alternative, the maximum
174 number of unit owners in the project
at the time each of all of
175 the facilities is committed to be
completed.
176 (e)
A general description of the items of personal
177 property, and the approximate number
of each item of personal
178 property, that the developer is committing
to furnish for each
179 room or other facility or, in the
alternative, a representation
180 as to the minimum amount of expenditure
that will be made to
181 purchase the personal property for
the facility.
182 (f)
If there are leases, a description thereof, including
183 the length of the term, the rent payable,
and a description of
184 any option to purchase.
185
186 Descriptions shall include location,
areas, capacities, numbers,
187 volumes, or sizes and may be stated
as approximations or
188 minimums.
189 (8)
Recreation lease or associated club membership:
190 (a)
If any recreational facilities or other facilities
191 offered by the developer and available
to, or to be used by,
192 unit owners are to be leased or have
club membership associated,
193 the following statement in conspicuous
type shall be included:
194 THERE IS A RECREATIONAL FACILITIES
LEASE ASSOCIATED WITH THIS
195 CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP
ASSOCIATED WITH THIS
196 CONDOMINIUM. There shall be a reference
to the location in the
197 disclosure materials where the recreation
lease or club
198 membership is described in detail.
199 (b)
If it is mandatory that unit owners pay a fee, rent,
200 dues, or other charges under a recreational
facilities lease or
201 club membership for the use of facilities,
there shall be in
202 conspicuous type the applicable statement:
203 1.
MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
204 MANDATORY FOR UNIT OWNERS; or
205 2.
UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
206 TO BE LESSEES UNDER THE RECREATIONAL
FACILITIES LEASE; or
207 3.
UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
208 COSTS AND EXPENSES OF MAINTENANCE,
MANAGEMENT, UPKEEP,
209 REPLACEMENT, RENT, AND FEES UNDER
THE RECREATIONAL FACILITIES
210 LEASE (OR THE OTHER INSTRUMENTS PROVIDING
THE FACILITIES); or
211 4.
A similar statement of the nature of the organization
212 or the manner in which the use rights
are created, and that unit
213 owners are required to pay.
214
215 Immediately following the applicable
statement, the location in
216 the disclosure materials where the
development is described in
217 detail shall be stated.
218 (c)
If the developer, or any other person other than the
219 unit owners and other persons having
use rights in the
220 facilities, reserves, or is entitled
to receive, any rent, fee,
221 or other payment for the use of the
facilities, then there shall
222 be the following statement in conspicuous
type: THE UNIT OWNERS
223 OR THE ASSOCIATION(S) MUST PAY RENT
OR LAND USE FEES FOR
224 RECREATIONAL OR OTHER COMMONLY USED
FACILITIES. Immediately
225 following this statement, the location
in the disclosure
226 materials where the rent or land use
fees are described in
227 detail shall be stated.
228 (d)
If, in any recreation format, whether leasehold, club,
229 or other, any person other than the
association has the right to
230 a lien on the units to secure the
payment of assessments, rent,
231 or other exactions, there shall appear
a statement in
232 conspicuous type in substantially
the following form:
233 1.
THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
234 SECURE THE PAYMENT OF RENT AND OTHER
EXACTIONS UNDER THE
235 RECREATION LEASE. THE UNIT OWNER'S
FAILURE TO MAKE THESE
236 PAYMENTS MAY RESULT IN FORECLOSURE
OF THE LIEN; or
237 2.
THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
238 SECURE THE PAYMENT OF ASSESSMENTS
OR OTHER EXACTIONS COMING DUE
239 FOR THE USE, MAINTENANCE, UPKEEP,
OR REPAIR OF THE RECREATIONAL
240 OR COMMONLY USED FACILITIES. THE UNIT
OWNER'S FAILURE TO MAKE
241 THESE PAYMENTS MAY RESULT IN FORECLOSURE
OF THE LIEN.
242
243 Immediately following the applicable
statement, the location in
244 the disclosure materials where the
lien or lien right is
245 described in detail shall be stated.
246 (9)
If the developer or any other person has the right to
247 increase or add to the recreational
facilities at any time after
248 the establishment of the condominium
whose unit owners have use
249 rights therein, without the consent
of the unit owners or
250 associations being required, there
shall appear a statement in
251 conspicuous type in substantially
the following form:
252 RECREATIONAL FACILITIES MAY BE EXPANDED
OR ADDED WITHOUT CONSENT
253 OF UNIT OWNERS OR THE ASSOCIATION(S).
Immediately following this
254 statement, the location in the disclosure
materials where such
255 reserved rights are described shall
be stated.
256 (10)
A statement of whether the developer's plan includes
257 a program of leasing units rather
than selling them, or leasing
258 units and selling them subject to
such leases. If so, there
259 shall be a description of the plan,
including the number and
260 identification of the units and the
provisions and term of the
261 proposed leases, and a statement in
boldfaced type that: THE
262 UNITS MAY BE TRANSFERRED SUBJECT TO
A LEASE.
263 (11)
The arrangements for management of the association
264 and maintenance and operation of the
condominium property and of
265 other property that will serve the
unit owners of the
266 condominium property, and a description
of the management
267 contract and all other contracts for
these purposes having a
268 term in excess of 1 year, including
the following:
269 (a)
The names of contracting parties.
270 (b)
The term of the contract.
271 (c)
The nature of the services included.
272 (d)
The compensation, stated on a monthly and annual
273 basis, and provisions for increases
in the compensation.
274 (e)
A reference to the volumes and pages of the
275 condominium documents and of the exhibits
containing copies of
276 such contracts.
277
278 Copies of all described contracts
shall be attached as exhibits.
279 If there is a contract for the management
of the condominium
280 property, then a statement in conspicuous
type in substantially
281 the following form shall appear, identifying
the proposed or
282 existing contract manager: THERE IS
(IS TO BE) A CONTRACT FOR
283 THE MANAGEMENT OF THE CONDOMINIUM
PROPERTY WITH (NAME OF THE
284 CONTRACT MANAGER). Immediately following
this statement, the
285 location in the disclosure materials
of the contract for
286 management of the condominium property
shall be stated.
287 (12)
If the developer or any other person or persons other
288 than the unit owners has the right
to retain control of the
289 board of administration of the association
for a period of time
290 which can exceed 1 year after the
closing of the sale of a
291 majority of the units in that condominium
to persons other than
292 successors or alternate developers,
then a statement in
293 conspicuous type in substantially
the following form shall be
294 included: THE DEVELOPER (OR OTHER
PERSON) HAS THE RIGHT TO
295 RETAIN CONTROL OF THE ASSOCIATION
AFTER A MAJORITY OF THE UNITS
296 HAVE BEEN SOLD. Immediately following
this statement, the
297 location in the disclosure materials
where this right to control
298 is described in detail shall be stated.
299 (13)
If there are any restrictions upon the sale,
300 transfer, conveyance, or leasing of
a unit, then a statement in
301 conspicuous type in substantially
the following form shall be
302 included: THE SALE, LEASE, OR TRANSFER
OF UNITS IS RESTRICTED OR
303 CONTROLLED. Immediately following
this statement, the location
304 in the disclosure materials where
the restriction, limitation,
305 or control on the sale, lease, or
transfer of units is described
306 in detail shall be stated.
307 (14)
If the condominium is part of a phase project, the
308 following information shall be stated:
309 (a)
A statement in conspicuous type in substantially the
310 following form: THIS IS A PHASE CONDOMINIUM.
ADDITIONAL LAND AND
311 UNITS MAY BE ADDED TO THIS CONDOMINIUM.
Immediately following
312 this statement, the location in the
disclosure materials where
313 the phasing is described shall be
stated.
314 (b)
A summary of the provisions of the declaration which
315 provide for the phasing.
316 (c)
A statement as to whether or not residential buildings
317 and units which are added to the condominium
may be
318 substantially different from the residential
buildings and units
319 originally in the condominium. If
the added residential
320 buildings and units may be substantially
different, there shall
321 be a general description of the extent
to which such added
322 residential buildings and units may
differ, and a statement in
323 conspicuous type in substantially
the following form shall be
324 included: BUILDINGS AND UNITS WHICH
ARE ADDED TO THE CONDOMINIUM
325 MAY BE SUBSTANTIALLY DIFFERENT FROM
THE OTHER BUILDINGS AND
326 UNITS IN THE CONDOMINIUM. Immediately
following this statement,
327 the location in the disclosure materials
where the extent to
328 which added residential buildings
and units may substantially
329 differ is described shall be stated.
330 (d)
A statement of the maximum number of buildings
331 containing units, the maximum and
minimum numbers of units in
332 each building, the maximum number
of units, and the minimum and
333 maximum square footage of the units
that may be contained within
334 each parcel of land which may be added
to the condominium.
335 (15)
If a condominium created on or after July 1, 2000, is
336 or may become part of a multicondominium,
the following
337 information must be provided:
338 (a)
A statement in conspicuous type in substantially the
339 following form: THIS CONDOMINIUM IS
(MAY BE) PART OF A
340 MULTICONDOMINIUM DEVELOPMENT IN WHICH
OTHER CONDOMINIUMS WILL
341 (MAY) BE OPERATED BY THE SAME ASSOCIATION.
Immediately following
342 this statement, the location in the
prospectus or offering
343 circular and its exhibits where the
multicondominium aspects of
344 the offering are described must be
stated.
345 (b)
A summary of the provisions in the declaration,
346 articles of incorporation, and bylaws
which establish and
347 provide for the operation of the multicondominium,
including a
348 statement as to whether unit owners
in the condominium will have
349 the right to use recreational or other
facilities located or
350 planned to be located in other condominiums
operated by the same
351 association, and the manner of sharing
the common expenses
352 related to such facilities.
353 (c)
A statement of the minimum and maximum number of
354 condominiums, and the minimum and
maximum number of units in
355 each of those condominiums, which
will or may be operated by the
356 association, and the latest date by
which the exact number will
357 be finally determined.
358 (d)
A statement as to whether any of the condominiums in
359 the multicondominium may include units
intended to be used for
360 nonresidential purposes and the purpose
or purposes permitted
361 for such use.
362 (e)
A general description of the location and approximate
363 acreage of any land on which any additional
condominiums to be
364 operated by the association may be
located.
365 (16)
If the condominium is created by conversion of
366 existing improvements, the following
information shall be
367 stated:
368 (a)
The information required by s. 718.616.
369 (b)
A caveat that there are no express warranties unless
370 they are stated in writing by the
developer.
371 (17)
A summary of the restrictions, if any, to be imposed
372 on units concerning the use of any
of the condominium property,
373 including statements as to whether
there are restrictions upon
374 children and pets, and reference to
the volumes and pages of the
375 condominium documents where such restrictions
are found, or if
376 such restrictions are contained elsewhere,
then a copy of the
377 documents containing the restrictions
shall be attached as an
378 exhibit.
379 (18)
If there is any land that is offered by the developer
380 for use by the unit owners and that
is neither owned by them nor
381 leased to them, the association, or
any entity controlled by
382 unit owners and other persons having
the use rights to such
383 land, a statement shall be made as
to how such land will serve
384 the condominium. If any part of such
land will serve the
385 condominium, the statement shall describe
the land and the
386 nature and term of service, and the
declaration or other
387 instrument creating such servitude
shall be included as an
388 exhibit.
389 (19)
The manner in which utility and other services,
390 including, but not limited to, sewage
and waste disposal, water
391 supply, and storm drainage, will be
provided and the person or
392 entity furnishing them.
393 (20)
An explanation of the manner in which the
394 apportionment of common expenses and
ownership of the common
395 elements has been determined.
396 (21)
An estimated operating budget for the condominium and
397 the association, and a schedule of
the unit owner's expenses
398 shall be attached as an exhibit and
shall contain the following
399 information:
400 (a)
The estimated monthly and annual expenses of the
401 condominium and the association that
are collected from unit
402 owners by assessments.
403 (b)
The estimated monthly and annual expenses of each unit
404 owner for a unit, other than common
expenses paid by all unit
405 owners, payable by the unit owner
to persons or entities other
406 than the association, as well as to
the association, including
407 fees assessed pursuant to s. 718.113(1)
for maintenance of
408 limited common elements where such
costs are shared only by
409 those entitled to use the limited
common element, and the total
410 estimated monthly and annual expense.
There may be excluded from
411 this estimate expenses which are not
provided for or
412 contemplated by the condominium documents,
including, but not
413 limited to, the costs of private telephone;
maintenance of the
414 interior of condominium units, which
is not the obligation of
415 the association; maid or janitorial
services privately
416 contracted for by the unit owners;
utility bills billed directly
417 to each unit owner for utility services
to his or her unit;
418 insurance premiums other than those
incurred for policies
419 obtained by the condominium; and similar
personal expenses of
420 the unit owner. A unit owner's estimated
payments for
421 assessments shall also be stated in
the estimated amounts for
422 the times when they will be due.
423 (c)
The estimated items of expenses of the condominium and
424 the association, except as excluded
under paragraph (b),
425 including, but not limited to, the
following items, which shall
426 be stated either as an association
expense collectible by
427 assessments or as unit owners' expenses
payable to persons other
428 than the association:
429 1.
Expenses for the association and condominium:
430 a.
Administration of the association.
431 b.
Management fees.
432 c.
Maintenance.
433 d.
Rent for recreational and other commonly used
434 facilities.
435 e.
Taxes upon association property.
436 f.
Taxes upon leased areas.
437 g.
Insurance.
438 h.
Security provisions.
439 i.
Other expenses.
440 j.
Operating capital.
441 k.
Reserves.
442 l.
Fees payable to the division.
443 2.
Expenses for a unit owner:
444 a.
Rent for the unit, if subject to a lease.
445 b.
Rent payable by the unit owner directly to the lessor
446 or agent under any recreational lease
or lease for the use of
447 commonly used facilities, which use
and payment is a mandatory
448 condition of ownership and is not
included in the common expense
449 or assessments for common maintenance
paid by the unit owners to
450 the association.
451 (d)
The estimated amounts shall be stated for a period of
452 at least 12 months and may distinguish
between the period prior
453 to the time unit owners other than
the developer elect a
454 majority of the board of administration
and the period after
455 that date.
456 (22)
A schedule of estimated closing expenses to be paid
457 by a buyer or lessee of a unit and
a statement of whether title
458 opinion or title insurance policy
is available to the buyer and,
459 if so, at whose expense.
460 (23)
The identity of the developer and the chief operating
461 officer or principal directing the
creation and sale of the
462 condominium and a statement of its
and his or her experience in
463 this field.
464 (24)
Copies of the following, to the extent they are
465 applicable, shall be included as exhibits:
466 (a)
The declaration of condominium, or the proposed
467 declaration if the declaration has
not been recorded.
468 (b)
The articles of incorporation creating the
469 association.
470 (c)
The bylaws of the association.
471 (d)
The ground lease or other underlying lease of the
472 condominium.
473 (e)
The management agreement and all maintenance and other
474 contracts for management of the association
and operation of the
475 condominium and facilities used by
the unit owners having a
476 service term in excess of 1 year.
477 (f)
The estimated operating budget for the condominium and
478 the required schedule of unit owners'
expenses.
479 (g)
A copy of the floor plan of the unit and the plot plan
480 showing the location of the residential
buildings and the
481 recreation and other common areas.
482 (h)
The lease of recreational and other facilities that
483 will be used only by unit owners of
the subject condominium.
484 (i)
The lease of facilities used by owners and others.
485 (j)
The form of unit lease, if the offer is of a
486 leasehold.
487 (k)
A declaration of servitude of properties serving the
488 condominium but not owned by unit
owners or leased to them or
489 the association.
490 (l)
The statement of condition of the existing building or
491 buildings, if the offering is of units
in an operation being
492 converted to condominium ownership.
493 (m)
The statement of inspection for termite damage and
494 treatment of the existing improvements,
if the condominium is a
495 conversion.
496 (n)
The form of agreement for sale or lease of units.
497 (o)
A copy of the agreement for escrow of payments made to
498 the developer prior to closing.
499 (p)
A copy of the documents containing any restrictions on
500 use of the property required by subsection
(17).
501 (25)
Any prospectus or offering circular complying, prior
502 to the effective date of this act,
with the provisions of former
503 ss. 711.69 and 711.802 may continue
to be used without amendment
504 or may be amended to comply with the
provisions of this chapter.
505 (26)
A brief narrative description of the location and
506 effect of all existing and intended
easements located or to be
507 located on the condominium property
other than those described
508 in the declaration.
509 (27)
If the developer is required by state or local
510 authorities to obtain acceptance or
approval of any dock or
511 marina facilities intended to serve
the condominium, a copy of
512 any such acceptance or approval acquired
by the time of filing
513 with the division under s. 718.502(1)
or a statement that such
514 acceptance or approval has not been
acquired or received.
515 (28)
Evidence demonstrating that the developer has an
516 ownership, leasehold, or contractual
interest in the land upon
517 which the condominium is to be developed.
518 Section
2. This act shall take effect July 1, 2004.
CODING: Words stricken
are deletions; words underlined are
additions. |