By Representative Culp
Retrofitting of Common Areas of Condominiums
and Cooperatives with Fire Sprinkler Systems:
Revises notification and voting procedures
with respect to any vote to forego retrofitting of the common areas of
condominiums and cooperatives with fire sprinkler systems.
Effective Date: Not Specified
Last Action: Filed timely on Friday, January
30, 2004
Related Bills: SB 1938
CODING: Words stricken
are deletions; words underlined are
additions.
1 A bill to be entitled
2
An act relating to retrofitting of common areas of
3 condominiums
and cooperatives with fire sprinkler systems;
4 amending ss.
718.112 and 719.1055, F.S.; revising
5 notification
and voting procedures with respect to any
6 vote to forego
retrofitting of the common areas of
7 condominiums
and cooperatives with fire sprinkler systems;
8 providing an
effective date.
9
10
Be It Enacted by the Legislature of the State of Florida:
11
12
Section 1. Paragraph (l) of subsection (2) of section
13 718.112, Florida
Statutes, is amended to read:
14
718.112 Bylaws.--
15
(2) REQUIRED PROVISIONS.--The bylaws shall provide for the
16 following and,
if they do not do so, shall be deemed to include
17 the following:
18
(l) Certificate of compliance.--There shall be a provision
19 that a certificate
of compliance from a licensed electrical
20 contractor
or electrician may be accepted by the association's
21 board as evidence
of compliance of the condominium units with
22 the applicable
fire and life safety code. Notwithstanding the
23 provisions
of chapter 633 or of any other code, statute,
24 ordinance,
administrative rule, or regulation, or any
25 interpretation
of the foregoing, an association, condominium, or
26 unit owner
is not obligated to retrofit the common elements or
27 units of a
residential condominium with a fire sprinkler system
28 or other engineered
lifesafety system in a building that has
29 been certified
for occupancy by the applicable governmental
30 entity, if
the unit owners have voted to forego such
31 retrofitting
and engineered lifesafety system by the affirmative
32 vote of two-thirds
of all voting interests in the affected
33 condominium.
However, a condominium association may not vote to
34 forego the
retrofitting with a fire sprinkler system of common
35 areas in a
high-rise building. For purposes of this subsection,
36 the term "high-rise
building" means a building that is greater
37 than 75 feet
in height where the building height is measured
38 from the lowest
level of fire department access to the floor of
39 the highest
occupiable story. For purposes of this subsection,
40 the term "common
areas" means any enclosed hallway, corridor,
41 lobby, stairwell,
or entryway. In no event shall the local
42 authority having
jurisdiction require completion of retrofitting
43 of common areas
with a sprinkler system before the end of 2014.
44
1. A vote to forego retrofitting may not
be obtained by
45 general
proxy or limited proxy or by a
ballot, but shall be
46 obtained
by a votepersonally cast at a duly called membership
47 meeting, or
by execution of a written consent by the member, and
48 shall be effective
upon the recording of a certificate attesting
49 to such vote
in the public records of the county where the
50 condominium
is located. The association shall mail, hand
51 deliver,
or electronically transmit to provideeach
unit owner
52 written notice
at least 14 days prior to such membership meeting
53 in
which ofthe vote
to forego retrofitting of the required fire
54 sprinkler system
is to take place,
in at least 16-point bold
55 type,
by certified mail, within 20 days after the association's
56 vote.
After such notice is provided to each owner, a copy of
57 such
notice shall be provided by the current owner to a new
58 owner
prior to closing and shall be provided by a unit owner to
59 a
renter prior to signing a lease.
60
2. As part of the information collected annually from
61 condominiums,
the division shall require condominium
62 associations
to report the membership vote and recording of a
63 certificate
under this subsection and, if retrofitting has been
64 undertaken,
the per-unit cost of such work. The division shall
65 annually report
to the Division of State Fire Marshal of the
66 Department
of Financial Services the number of condominiums that
67 have elected
to forego retrofitting.
68
Section 2. Paragraph (a) of subsection (5) of section
69 719.1055, Florida
Statutes, is amended to read:
70
719.1055 Amendment of cooperative documents; alteration
71 and acquisition
of property.--
72
(5) Notwithstanding the provisions of chapter 633 or of
73 any other code,
statute, ordinance, administrative rule, or
74 regulation,
or any interpretation of the foregoing, a
75 cooperative
or unit owner is not obligated to retrofit the
76 common elements
or units of a residential cooperative with a
77 fire sprinkler
system or other engineered life safety system in
78 a building
that has been certified for occupancy by the
79 applicable
governmental entity, if the unit owners have voted to
80 forego such
retrofitting and engineered life safety system by
81 the affirmative
vote of two-thirds of all voting interests in
82 the affected
cooperative. However, a cooperative may not forego
83 the retrofitting
with a fire sprinkler system of common areas in
84 a high-rise
building. For purposes of this subsection, the term
85 "high-rise
building" means a building that is greater than 75
86 feet in height
where the building height is measured from the
87 lowest level
of fire department access to the floor of the
88 highest occupiable
story. For purposes of this subsection, the
89 term "common
areas" means any enclosed hallway, corridor, lobby,
90 stairwell,
or entryway. In no event shall the local authority
91 having jurisdiction
require completion of retrofitting of common
92 areas with
a sprinkler system before the end of 2014.
93
(a) A vote to forego retrofitting may not
be obtained by
94 general
proxy or limited proxy or by a
ballot, but shall be
95 obtained
by a votepersonally cast at a duly called membership
96 meeting, or
by execution of a written consent by the member, and
97 shall be effective
upon the recording of a certificate attesting
98 to such vote
in the public records of the county where the
99 cooperative
is located. The association shall mail, hand
100 deliver,
or electronically transmit to provideeach
unit owner
101 written notice
at least 14 days prior to such membership meeting
102 in
which ofthe vote
to forego retrofitting of the required fire
103 sprinkler
system is to take place,
in at least 16-point bold
104 type,
by certified mail, within 20 days after the association's
105 vote.
After such notice is provided to each owner, a copy of
106 such
notice shall be provided by the current owner to a new
107 owner
prior to closing and shall be provided by a unit owner to
108 a
renter prior to signing a lease.
109
Section 3. This act shall take effect upon becoming a law.
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