FLORIDA STATUTES and FLORIDA ADMINISTRATIVE CODE

Provisions Relating to Conversion to Condo of Existing I !rove ents

PART ONE " FLORIDA STATUTES #$%&'(' Conversion of existing i !rove ents to )ondo ini* + rental agree ents& "" ,-en existing i !rove ents are )onverted to o.ners-i! as a residential )ondo ini* / (1)(a) Each residential tenant who has resided in the existing improvements for at least the 180 days preceding the date of the written notice of intended conversion shall have the right to extend an expiring rental agreement upon the same terms for a period that will expire no later than 270 days after the date of the notice. f the rental agreement expires more than 270 days after the date of the notice! the tenant may not unilaterally extend the rental agreement. (") Each other residential tenant shall have the right to agreement upon the same terms for a period that will days after the date of the written notice of intended agreement expires more than 180 days after the date may not unilaterally extend the rental agreement. extend an expiring rental expire no later than 180 conversion. f the rental of the notice! the tenant

(2)(a) n order to extend the rental agreement as provided in su"section (1)! a tenant shall! within #$ days after the date of the written notice of intended conversion! give written notice to the developer of the intention to extend the rental agreement. (") f the rental agreement will expire within #$ days following the date of the notice! the tenant may remain in occupancy for the #$%day decision period upon the same terms "y giving the developer written notice and paying rent on a pro rata "asis from the expiration date of the rental agreement to the end of the #$% day period. (c) &he tenant may extend the rental agreement for the full extension period or a part of the period. (') (fter the date of a notice of intended conversion! a tenant may terminate any rental agreement! or any extension period having an unexpired term of 180 days or less! upon '0 days) written notice to the developer. *owever! unless the rental agreement was entered into! extended! or renewed after the effective date of this part! the tenant may not unilaterally terminate the rental agreement "ut may unilaterally terminate any extension period having an unexpired term of 180 days or less upon '0 days) written notice. (#) ( developer may elect to provide tenants who have "een continuous residents of the existing improvements for at least 180 days preceding the date of the
1

written notice of intended conversion and whose rental agreements expire within 180 days of the date of the written notice of intended conversion the option of receiving in cash a tenant relocation payment at least e+ual to 1 month)s rent in consideration for extending the rental agreement for not more than 180 days! rather than extending the rental agreement for up to 270 days. ($) ( rental agreement may provide for termination "y the developer upon ,0 days) written notice if the rental agreement is entered into su"se+uent to the delivery of the written notice of intended conversion to all tenants and conspicuously states that the existing improvements are to "e converted. -o other provision in a rental agreement shall "e enforcea"le to the extent that it purports to reduce the extension period provided "y this section or otherwise would permit a developer to terminate a rental agreement in the event of a conversion. &his su"section applies to rental agreements entered into! extended! or renewed after the effective date of this part. the termination provisions of all other rental agreements are governed "y the provisions of s. 718.#02(')! /lorida 0tatutes 1171. (,) (ny provision of this section or of the rental agreement or other contract or agreement to the contrary notwithstanding! whenever a county! including a charter county! determines that there exists within the county a vacancy rate in rental housing of ' percent or less! the county may adopt an ordinance or other measure extending the 270%day extension period descri"ed in paragraph (1)(a) and the 180%day extension descri"ed in paragraph (1)(") for an additional 10 days! if2 (a) 0uch measure was duly adopted! after notice and pu"lic hearing! in accordance with all applica"le provisions of the charter governing the county and any other applica"le laws. and (") &he governing "ody has made and recited in such measure its findings esta"lishing the existence in fact of a housing emergency so grave as to constitute a serious menace to the general pu"lic and that such controls are necessary and proper to eliminate such grave housing emergency. ( county ordinance or other measure adopting an additional 10%day extension under the provisions of this section is controlling throughout the entire county! including a charter county! where adopted! including all municipalities! unless a municipality votes not to have it apply within its "oundaries. *istory.%%s. 1! ch. 80%'. s. 20! ch. 8#%',8. #$%&'(% Noti)e of intended )onversion+ ti e of deliver0+ )ontent&""

(1) 3rior to or simultaneous with the first offering of individual units to any person! each developer shall deliver a notice of intended conversion to all tenants of the existing improvements "eing converted to residential condominium. (ll such notices shall "e given within a 72%hour period. (2)(a) Each notice of intended conversion shall "e dated and in writing. &he notice shall contain the following statement! with the phrases of the following statement which appear in upper case printed in conspicuous type2
2

&hese apartments are "eing converted to condominium "y (name of developer) ! the developer. 1. 456 7(4 8E7( - (0 ( 8E0 9E-& 6-& : &*E E;3 8(& 5- 5/ 4568 8E-&(: (<8EE7E-&. /68&*E8! 456 7(4 E;&E-9 4568 8E-&(: (<8EE7E-& (0 /5::5=02 a. f you have continuously "een a resident of these apartments during the last 180 days and your rental agreement expires during the next 270 days! you may extend your rental agreement for up to 270 days after the date of this notice. ". f you have not "een a continuous resident of these apartments for the last 180 days and your rental agreement expires during the next 180 days! you may extend your rental agreement for up to 180 days after the date of this notice. c. - 589E8 /58 456 &5 E;&E-9 4568 8E-&(: (<8EE7E-&! 456 760& < >E &*E 9E>E:53E8 =8 &&E- -5& ?E = &* - #$ 9(40 (/&E8 &*E 9(&E 5/ &* 0 -5& ?E. 2. / 4568 8E-&(: (<8EE7E-& E;3 8E0 - &*E -E;& #$ 9(40! you may extend your rental agreement for up to #$ days after the date of this notice while you decide whether to extend your rental agreement as explained a"ove. &o do so! you must notify the developer in writing. 4ou will then have the full #$ days to decide whether to extend your rental agreement as explained a"ove. '. 9uring the extension of your rental agreement you will "e charged the same rent that you are now paying. #. 456 7(4 ?(-?E: 4568 8E-&(: (<8EE7E-& (-9 (-4 E;&E-0 5- 5/ &*E 8E-&(: (<8EE7E-& (0 /5::5=02 a. f your rental agreement "egan or was extended or renewed after 7ay 1! 1180! and your rental agreement! including extensions and renewals! has an unexpired term of 180 days or less! you may cancel your rental agreement upon '0 days) written notice and move. (lso! upon '0 days) written notice! you may cancel any extension of the rental agreement. ". f your rental agreement was not "egun or was not extended or renewed after 7ay 1! 1180! you may not cancel the rental agreement without the consent of the developer. f your rental agreement! including extensions and renewals! has an unexpired term of 180 days or less! you may! however! upon '0 days) written notice cancel any extension of the rental agreement. $. (ll notices must "e given in writing and sent "y mail! return receipt re+uested! or delivered in person to the developer at this address2 (name and address of developer) . ,. f you have continuously "een a resident of these apartments during the last 180 days2

'

a. 4ou have the right to purchase your apartment and will have #$ days to decide whether to purchase. f you do not "uy the unit at that price and the unit is later offered at a lower price! you will have the opportunity to "uy the unit at the lower price. *owever! in all events your right to purchase the unit ends when the rental agreement or any extension of the rental agreement ends or when you waive this right in writing. ". =ithin 10 days you will "e provided purchase information relating to your apartment! including the price of your unit and the condition of the "uilding. f you do not receive this information within 10 days! your rental agreement and any extension will "e extended 1 day for each day over 10 days until you are given the purchase information. f you do not want this rental agreement extension! you must notify the developer in writing. 7. f you have any +uestions regarding this conversion or the ?ondominium (ct! you may contact the developer or the state agency which regulates condominiums2 &he 9ivision of /lorida :and 0ales! ?ondominiums! and 7o"ile *omes! (&allahassee address and telephone num"er of division) . (") =hen a developer offers tenants an optional tenant relocation payment pursuant to s. 718.,0,(#)! the notice of intended conversion shall contain a statement su"stantially as follows2 f you have "een a continuous resident of these apartments for the last 180 days and your lease expires during the next 180 days! you may extend your rental agreement for up to 270 days! or you may extend your rental agreement for up to 180 days and receive a cash payment at least e+ual to 1 month)s rent. 4ou must ma@e your decision and inform the developer in writing within #$ days after the date of this notice. (c) =hen the rental agreement extension provisions of s. 718.,0,(,) are applica"le to a conversion! su"paragraphs 1.a. and ". of the notice of intended conversion shall read as follows2 1. 456 7(4 8E7( - (0 ( 8E0 9E-& 6-& : &*E E;3 8(& 5- 5/ 4568 8E-&(: (<8EE7E-&. /68&*E8! 456 7(4 E;&E-9 4568 8E-&(: (<8EE7E-& (0 /5::5=02 a. f you have continuously "een a resident of these apartments during the last 180 days and your rental agreement expires during the next ',0 days! you may extend your rental agreement for up to ',0 days after the date of this notice. ". f you have not "een a continuous resident of these apartments for the last 180 days and your rental agreement expires during the next 270 days! you may extend your rental agreement for up to 270 days after the date of this notice. (') -otice of intended conversion may not "e waived "y a tenant unless the tenant)s lease conspicuously states that the "uilding is to "e converted and the other tenants residing in the "uilding have previously received a notice of intended conversion.

(#) 6pon the re+uest of a developer and payment of a fee prescri"ed "y the rules of the division! not to exceed A$0! the division may verify to a developer that a notice complies with this section. ($) 3rior to delivering a notice of intended conversion to tenants of existing improvements "eing converted to a residential condominium! each developer shall file with the division and receive approval of a copy of the notice of intended conversion. 6pon filing! each developer shall pay to the division a filing fee of A100. *istory.%%s. 1! ch. 80%'. s. 1! ch. 8$%,0. s. 1! ch. 8,%17$. s. 21! ch. 11%10'. s. $! ch. 11%#2,. #$%&'$1 Rig-t of first ref*sal&"" (1) Each tenant! who for the 180 days preceding a notice of intended conversion has "een a residential tenant of the existing improvements! shall have the right of first refusal to purchase the unit in which he or she resides on the date of the notice! under the following terms and conditions2 (a) =ithin 10 days following the written notice of the intended conversion! the developer shall deliver to the tenant the following purchase materials2 an offer to sell stating the price and terms of purchase! the economic information re+uired "y s. 718.,1#! and the disclosure documents re+uired "y ss. 718.$0' and 718.$0#. &he failure "y the developer to deliver such purchase materials within 10 days following the written notice of the intended conversion will automatically extend the rental agreement! any extension of the rental agreement provided for in s. 718.,0,! or any other extension of the rental agreement. &he extension shall "e for that num"er of days in excess of 10 days that has elapsed from the date of the written notice of the intended conversion to the date when the purchase materials are delivered. (") &he tenant shall have the right of first refusal to purchase the unit for a period of not less than #$ days after mailing or personal delivery of the purchase materials. (c) f! after any right of first refusal has expired! the developer offers the unit at a price lower than that offered to the tenant! the developer shall in writing notify the tenant prior to the pu"lication of the offer. &he tenant shall have the right of first refusal at the lower price for a period of not less than an additional 10 days after the date of the notice. &hereafter! the tenant shall have no additional right of first refusal. (s used in this paragraph! the term BofferB includes any solicitation to the general pu"lic "y means of newspaper advertisement! radio! television! or written or printed sales literature or price list "ut does not include a transaction involving the sale of more than one unit to one purchaser. (2) 3rior to closing on the sale of the unit! a tenant alleging a developer)s violation of paragraph (1)(c) may "ring an action for e+uita"le or other relief! including specific performance. 0u"se+uent to closing! the tenant)s sole remedy for such a violation will "e damages. n addition to any damages otherwise recovera"le "y law! the tenant is entitled to an amount e+ual to the difference "etween the price

last offered in writing to the tenant pursuant to this section and the price at which the unit was sold to a third party! plus court costs and attorney)s fees. (') t is against the pu"lic policy of this state for any developer to see@ to enforce any provision of any contract which purports to waive the right of a purchasing tenant to "ring an action for specific performance. (#) ( tenant)s right of first refusal terminates upon2 (a) &he termination of the rental agreement and all extensions thereof. (") =aiver of the right in writing "y the tenant! if the waiver is executed su"se+uent to the date of the notice of intended conversion. ( tenant who waives the right of first refusal waives the right to receive the purchase materials. or (c) &he running of the tenant)s #$%day right of first refusal and the additional 10% day period provided for "y paragraph (1)(c)! if applica"le. *istory.%%s. 1! ch. 80%'. s. #78! ch. 81%2$1. s. 21! ch. 8#%',8. s. 87'! ch. 17%102. #$%&'$2 E)ono i) infor ation to 3e !rovided&""T-e develo!er s-all distri3*te to tenants -aving a rig-t of first ref*sal4 if an0/ (1) nformation in summary form regarding mortgage financing. estimated down payment. alternative financing and down payments. monthly payments of principal! interest! and real estate taxes. and federal income tax "enefits. (2) (ny other information which the division pu"lishes and "y rule determines will assist tenants in ma@ing a decision and which the division ma@es availa"le to the developer. *istory.%%s. 1! ch. 80%'. s. 10! ch. 8$%,0. s. 1'! ch. 1#%'$0. #$%&'$' Dis)los*re of )ondition of 3*ilding and esti )osts and notifi)ation of *ni)i!alities&"" ated re!la)e ent

(1) Each developer of a residential condominium created "y converting existing! previously occupied improvements to such form of ownership shall disclose the condition of the improvements and the condition of certain components and their current estimated replacement costs. (2) &he following information shall "e stated concerning the improvements2 (a) &he date and type of construction. (") &he prior use. (c) =hether there is termite damage or infestation and whether the termite damage or infestation! if any! has "een properly treated. &he statement shall "e su"stantiated "y including! as an exhi"it! an inspection report "y a certified pest control operator.
,

(')(a) 9isclosure of condition shall "e made for each of the following components that the existing improvements may include2 1. 8oof. 2. 0tructure. '. /ireproofing and fire protection systems. #. Elevators. $. *eating and cooling systems. ,. 3lum"ing. 7. Electrical systems. 8. 0wimming pool. 1. 0eawalls. 10. 3avement and par@ing areas. 11. 9rainage systems. (") /or each component! the following information shall "e disclosed and su"stantiated "y attaching a copy of a certificate under seal of an architect or engineer authoriCed to practice in this state2 1. 2. '. &he age of the component. &he estimated remaining useful life of the component. &he estimated expressed2 a. ". #. current replacement cost of the component!

(s a total amount. and (s a per%unit amount! "ased upon each unit)s proportional share of the common expenses.

&he structural and functional soundness of the component.

(#) f the proposed condominium is situated within a municipality! the disclosure shall include a letter from the municipality ac@nowledging that the municipality has "een notified of the proposed creation of a residential condominium "y conversion of existing! previously occupied improvements and! in any county! as defined in s. 12$.011(1)! ac@nowledging compliance with applica"le Coning re+uirements as determined "y the municipality. *istory.%%s. 1! ch. 80%'. s. 22! ch. 8#%',8. s. 1#! ch. 1#%'$0. s. #0! ch. 1$%27#. s. $! ch. 1,%'1,. s. 7! ch. 17%'01. #$%&'$% Converter reserve a))o*nts+ .arranties&"" (1) =hen existing improvements are converted to ownership as a residential condominium! the developer shall esta"lish reserve accounts for capital expenditures and deferred maintenance! or give warranties as provided "y su"section (,)! or post a surety "ond as provided "y su"section (7). &he developer shall fund the reserve accounts in amounts calculated as follows2
7

(a)1. =hen the existing improvements include an air%conditioning system serving more than one unit or property which the association is responsi"le to repair! maintain! or replace! the developer shall fund an air%conditioning reserve account. &he amount of the reserve account shall "e the product of the estimated current replacement cost of the system! as disclosed and su"stantiated pursuant to s. 718.,1,(')(")! multiplied "y a fraction! the numerator of which shall "e the lesser of the age of the system in years or 1! and the denominator of which shall "e 10. =hen such air%conditioning system is within 1!000 yards of the seacoast! the numerator shall "e the lesser of the age of the system in years or '! and the denominator shall "e #. 2. &he developer shall fund a plum"ing reserve account. &he amount of the funding shall "e the product of the estimated current replacement cost of the plum"ing component! as disclosed and su"stantiated pursuant to s. 718.,1,(')(")! multiplied "y a fraction! the numerator of which shall "e the lesser of the age of the plum"ing in years or ',! and the denominator of which shall "e #0. '. &he developer shall fund a roof reserve account. &he amount of the funding shall "e the product of the estimated current replacement cost of the roofing component! as disclosed and su"stantiated pursuant to s. 718.,1,(')(")! multiplied "y a fraction! the numerator of which shall "e the lesser of the age of the roof in years or the numerator listed in the following ta"le. &he denominator of the fraction shall "e determined "ased on the roof type! as follows2 Roof T0!e N* Duilt%up roof without insulation # Duilt%up roof with insulation # ?ement tile roof #$ (sphalt shingle roof 1# ?opper roof =ood shingle roof 1 (ll other types 18 erator Deno $ $ $0 1$ 10 20 inator

a. ". c. d. e. f. g.

(") &he age of any component or structure for which the developer is re+uired to fund a reserve account shall "e measured in years from the later of2 1. &he date when the component or structure was replaced or su"stantially renewed! if the replacement or renewal of the component at least met the re+uirements of the then%applica"le "uilding code. or 2. &he date when the installation or construction of the existing component or structure was completed. (c) =hen the age of a component or structure is to "e measured from the date of replacement or renewal! the developer shall provide the division with a certificate! under the seal of an architect or engineer authoriCed to practice in this state! verifying2 1. &he date of the replacement or renewal. and
8

2. &hat the replacement or renewal at least met the re+uirements of the then% applica"le "uilding code. (d) n addition to esta"lishing the reserve accounts specified a"ove! the developer shall esta"lish those other reserve accounts re+uired "y s. 718.112(2)(f)! and shall fund those accounts in accordance with the formula provided therein. (2)(a) &he developer shall fund the reserve account re+uired "y su"section (1)! on a pro rata "asis upon the sale of each unit. &he developer shall deposit in the reserve account not less than a percentage of the total amount to "e deposited in the reserve account e+ual to the percentage of ownership of the common elements alloca"le to the unit sold. =hen a developer deposits amounts in excess of the minimum reserve account funding! later deposits may "e reduced to the extent of the excess funding. /or the purposes of this su"section! a unit is considered sold when a fee interest in the unit is transferred to a third party or the unit is leased for a period in excess of $ years. (") =hen an association ma@es an expenditure of reserve account funds "efore the developer has sold all units! the developer shall ma@e a deposit in the reserve account. 0uch deposit shall "e at least e+ual to that portion of the expenditure which would "e charged against the reserve account deposit that would have "een made for any such unit had the unit "een sold. 0uch deposit may "e reduced to the extent the developer has funded the reserve account in excess of the minimum reserve account funding re+uired "y this su"section. &his paragraph applies only when the developer has funded reserve accounts as provided "y paragraph (a). (') &he use of reserve account funds is limited as follows2 (a) 8eserve account funds may "e spent prior to the assumption of control of the association "y unit owners other than the developer. and (") 8eserve account funds may "e expended only for repair or replacement of the specific components for which the funds were deposited! unless! after assumption of control of the association "y unit owners other than the developer! it is determined "y three%fourths of the voting interests in the condominium to expend the funds for other purposes. (#) &he developer shall esta"lish the reserve account in the name of the association at a "an@! savings and loan association! or trust company located in this state. ($) ( developer may esta"lish and fund additional reserve accounts. (,) ( developer ma@es no implied warranties when existing improvements are converted to ownership as a residential condominium and reserve accounts are funded in accordance with this section. (s an alternative to esta"lishing such reserve accounts! or when a developer fails to esta"lish the reserve accounts in accordance with this section! the developer shall "e deemed to have granted to the purchaser of each unit an implied warranty of fitness and merchanta"ility for the purposes or uses intended! as to the roof and structural components of the improvements. as to fireproofing and fire protection systems. and as to
1

mechanical! electrical! and plum"ing elements serving the improvements! except mechanical elements serving only one unit. &he warranty shall "e for a period "eginning with the notice of intended conversion and continuing for ' years thereafter! or the recording of the declaration to condominium and continuing for ' years thereafter! or 1 year after owners other than the developer o"tain control of the association! whichever occurs last! "ut in no event more than $ years. (a) &he warranty provided for in this section is conditioned upon routine maintenance "eing performed! unless the maintenance is an o"ligation of the developer or a developer%controlled association. (") &he warranty shall inure to the "enefit of each owner and successor owner. (c) Existing improvements converted to residential condominium may "e covered "y an insured warranty program underwritten "y an insurance company authoriCed to do "usiness in this state! if such warranty program meets the minimum re+uirements of this chapter. &o the degree that the warranty program does not meet the minimum re+uirements of this chapter! such re+uirements shall apply. (7) =hen a developer desires to post a surety "ond! the developer shall! after notification to the "uyer! ac+uire a surety "ond issued "y a company licensed to do "usiness in this state! if such a "ond is readily availa"le in the open mar@et! in an amount which would "e e+ual to the total amount of all reserve accounts re+uired under su"section (1)! paya"le to the association. (8) &he amended provisions of this section do not affect a conversion of existing improvements when a developer has filed a notice of intended conversion and the documents re+uired "y s. 718.$0' or s. 718.$0#! as applica"le! with the division prior to the effective date of this law! provided2 (a) &he documents are proper for filing purposes. (") &he developer! not later than , months after such filing2 1. 8ecords a declaration for such filing in accordance with part . 2. <ives a notice of intended conversion. #$%&'1 Pro-i3ition of dis)ri ination against non!*r)-asing tenants&"% =hen existing improvements are converted to condominium! tenants who have not purchased a unit in the condominium "eing created shall! during the remaining term of the rental agreement and any extension thereof! "e entitled to the same rights! privileges! and services that were enEoyed "y all tenants prior to the date of the written notice of conversion and that are granted! offered! or provided to purchasers. *istory.%%s. 1! ch. 80%'.

10

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% PART T,O " FLORIDA ADMINISTRATIVE CODE ?*(3&E8 ,1D%2# ?8E(& 5- 5/ ?5-957 - 67 D4 ?5->E80 5,1D%2#.001 ,1D%2#.002 ,1D%2#.00' ,1D%2#.00# ,1D%2#.00$ ,1D%2#.00, ,1D%2#.007 ,1D%2#.008 9efinitions. ?reation of ?ondominium "y ?onversion. -otices of ntended ?onversion. 8ental (greement Extensions. 9isclosure of Duilding ?ondition. 8ight of /irst 8efusal. Economic nformation. ?onverter 8eserve (ccounts. =arranties. 9isclosures. ?ondominium ?onversions % 9isclosure 9ocuments. (8epealed) ini* 30 Conversion&

'$5"12&(($ Definitions+ Creation of Condo

(1) B&enantB means a party to a rental agreement in residential occupancy of a place rented for the purpose of maintaining a place of residence. &he term BtenantB excludes a party to a rental agreement or other person in transient occupancy. (2) B&ransient occupancyB means occupancy when it is the intention of the parties that the occupancy will "e temporary. &here is a re"utta"le presumption that! when the dwelling unit occupied is the sole residence of the guest! the occupancy is non%transient. &here is a re"utta"le presumption that! when the dwelling unit occupied is not the sole residence of the guest! the occupancy is transient. (') 0ection 718.#02! /lorida 0tatutes (0upp. 1180)! states that a developer creating a condominium "y conversion must comply with 3arts and > of the ?ondominium (ct in order to create a condominium. &he creation of the real property condominium ownership form is achieved when the developer complies with 3art of the ?ondominium (ct. 0pecific (uthority 718.$01(1)(f) /0. :aw mplemented 718.10#! 718.#02! 718.,0,! 718.,08 /0. *istoryF-ew 7%2%81! /ormerly 79%2#.01! 79%2#.001. '$5"12&((1 Noti)es of Intended Conversion& (1) 3rior to delivery to tenants! each developer of a conversion shall file with the division and receive acceptance of its notice of intended conversion. (a) (fter the division receives a proposed notice of intended conversion and the A100 filing fee it shall! within '$ days! inform the developer "y mail that the division has accepted the notice or reviewed the notice and determined specific deficiencies. (") &he developer shall have '$ days from the date of the division)s notification of deficiencies in the notice to correct such deficiencies.

11

(c) &he division shall notify the developer within 20 days from receipt of a corrected notice whether the corrected notice remains deficient or whether the corrected notice is accepted. (2) Each developer of a conversion is re+uired to give tenants a notice of intended conversion which has "een accepted "y the division. &he developer is re+uired to send the notice "y certified or registered mail. &he notice is deemed given to the tenant on the date when it is mailed. ( tenant)s refusal of receipt of a notice of intended conversion does not affect the validity of the notice. (a) =hen a tenant has refused receipt of a notice of intended conversion the developer may post the notice! personally deliver it to the tenant! mail the notice "y regular mail or provide notice in any other reasona"le manner. (") &his su"section shall not "e construed to re+uire a developer to provide additional notice of intended conversion to any tenant who refuses receipt of a notice of intended conversion given in the manner prescri"ed "y 3art > of the ?ondominium (ct. (') Each notice of intended conversion shall state the address of the developer. (a) &he address stated shall "e an address at which tenants may personally deliver or mail their responses to the notice of intended conversion. (") ( developer may list more than one address in a notice of intended conversion. ( developer may list a street address to which tenants may mail or personally deliver their responses to the notice and a post office "ox address to which tenants) responses may "e mailed. (#) Each notice of intended conversion shall state the address or specific location of the property to "e converted to condominium! a"ove the text set forth "y 0ection 718.,08! /lorida 0tatutes. ($) /or the purpose of each notice of intended conversion the &allahassee address and telephone num"er of the division is2 9ivision of /lorida :and 0ales! ?ondominiums! and 7o"ile *omes -orthwood ?entre 11#0 -orth 7onroe 0treet &allahassee! /lorida '2'11%10'2 (800) 22,%1101 (,) Each notice of intended conversion is re+uired to include the text set forth "y 0ection 718.,08! /lorida 0tatutes. ( developer may ma@e statements supplemental to the notice of intended conversion. &hese statements shall not "e misleading or inconsistent with the statutory text of the notice of intended conversion or any provision of the ?ondominium (ct! and no additional statements may "e interspersed with the statutorily re+uired text. % 11, (7) =hen a developer sends a tenant more than one notice of intended conversion! any tenant who has responded to any prior notice of intended conversion shall "e deemed to have responded to any su"se+uent notice of
12

intended conversion as amended! provided! upon receipt of a su"se+uent notice of intended conversion a tenant may respond to that notice as amended! and such response shall supersede any prior response that the tenant may have given. (8) Each notice shall "e dated with the date when the notice is mailed. 0pecific (uthority 718.$01(1)(f)! 718.,08($)! 718.,21 /0. :aw mplemented 718.,08($) /0. *istoryF-ew 7%2%81! /ormerly 79%2#.02! (mended #%1%12! /ormerly 79%2#.002! (mended 12%2'%02. '$5"12&((6 Rental Agree ent Extensions&

(1)(a) Each county is authoriCed "y 0ection 718.,0,(,)! /lorida 0tatutes (0upp. 1180)! to adopt a local ordinance extending tenants) rental agreement extension periods an additional ninety days when certain rental mar@et conditions exist. =hen a county adopts such an ordinance! all tenants! including tenants who have received a notice of intended conversion! are entitled to the ninety day extension. 3rovided! the following classes of tenants are not entitled to the additional ninety day extension F 1. &enants who have terminated their rental agreement or any rental agreement extension. and 2. &enants who are not in residence under the rental agreement in effect on the date of the notice of intended conversion or any extension of that rental agreement. (") =hen a tenant is in residence after receiving a notice of intended conversion and a local ordinance extending tenants) rental agreement extension periods an additional ninety days is adopted! a tenant will not "e deemed to have accepted the ninety day extension unless the tenant remains in occupancy under the ninety day extension. ( developer may re+uest that tenants advise the developer of their plans. (2) (fter the date of a notice of intended conversion a tenant may not unilaterally terminate a rental agreement unless the rental agreement was entered into! extended! or renewed after 7ay 1! 1180. 3rovided! a tenant may unilaterally terminate any rental agreement when the terms of the rental agreement permit the tenant to unilaterally terminate the rental agreement. (') (fter receipt of a notice of intended conversion tenants must decide whether to extend their rental agreements. Each tenant has forty%five days to ma@e this decision unless the right of occupancy expires sooner and the tenant has not elected to extend the rental agreement to o"tain the forty%five day decision period. =hen a tenant)s right of occupancy expires prior to the expiration of the forty%five day period! the tenant)s right to extend the rental agreement lapses upon the expiration of the right of occupancy. =hen a tenant receives a notice of intended conversion after the expiration of a rental agreement! "ut is still lawfully in occupancy of the premises under a su"se+uent rental agreement! the tenant may remain in occupancy under the su"se+uent rental agreement or may extend the rental agreement under which the notice of intended conversion was given.

1'

(#) 9uring a tenant)s rental agreement extension period the developer shall charge the tenant the same rental rate that the tenant paid prior to the "eginning of the rental agreement extension period unless the tenant agrees to pay an increased rental rate. 0pecific (uthority 718.$01(1)(f)! 718.,21 /0. :aw *istoryF-ew 7%2%81! /ormerly 79%2#.0'! 79%2#.00'. '$5"12&((2 Dis)los*re of 5*ilding Condition& (1)(a) 9isclosure of "uilding condition is re+uired in order that prospective purchasers "e informed as to the scope and magnitude of the financial responsi"ility that condominium ownership entails. 0ection 718.,1,! /lorida 0tatutes (0upp. 1180)! sets forth the information that shall "e disclosed and components for which disclosure of condition is made. 9isclosure of condition is re+uired for all property and each of the components listed "y the statute to the extent that the improvements include any of the components. (") 9isclosure of condition is re+uired for all condominium property! in particular condominium property intended for use in connection with the condominium. &he disclosure of condition re+uirement applies to property owned "y an association! and applies to property owned "y a master property owners) association when the repair! replacement or maintenance of such property constitutes a common expense or when such property is condominium property. (2) &he disclosure of the age of each component is measured in years from the later of2 (a) &he date when the installation or construction of the existing component was completed. or (") &he date when the component was replaced or su"stantially renewed. t is not re+uired that the developer certify that the replacement or renewal at least met the re+uirements of the then applica"le "uilding code. (') n a phased condominium conversion! disclosure of replacement cost information shall "e stated on the "asis of2 (a) (ll phases previously converted to condominium and all phases "eing offered in the documents. and (") (ll phases that may ultimately "e converted to condominium and all phases that have "een converted to condominium. (#) &he disclosure of "uilding condition statement shall include the following information2 (a) &he date when the statement was prepared. (") &he date when the improvements were inspected for the preparation of the statement. mplemented 718.,0, /0.

1#

(c) &he date when the construction of the improvements was completed! evidenced "y a copy of the certificate of occupancy! or e+uivalent authoriCation! issued for the improvements. =hen a "uilding is located in a Eurisdiction in which certificates of occupancy or e+uivalent authoriCations are not issued! the date when su"stantial completion of construction of the improvements in accordance with the plans and specifications shall "e stated. ($) &he copy of the disclosure statement filed with the 9ivision shall "e certified under seal of a architect or engineer authoriCed to practice in this 0tate. 0pecific (uthority 718.$01(1)(f)! 718.,21 /0. :aw mplemented 718.,1,! 718.,18! 718.10'(11)! 718.$0'(2)!(1)! 718.$0#(1$) /0. *istoryF-ew 7%2%81! /ormerly 79% 2#.0#! 79%2#.00#. '$5"12&((7 Rig-t of First Ref*sal& (1) ( developer may offer a unit to a tenant at more than one price provided that all prices are offered to the tenant during the full right of first refusal period. (2) ( developer may not re+uire a purchasing tenant to close on a purchase prior to the expiration of the tenant)s rental agreement or any rental agreement extension period! provided! a developer may esta"lish a higher price for the unit when a tenant elects a later closing. &ime of closing shall "e determined "y developer and tenant negotiation. (') ( tenant "ringing an action for specific performance to enforce a right of first refusal may record a lis pendens prior to the closing on the sale of the unit to a third party. (#) &he right of first refusal exists to provide tenants the opportunity to continue their residence. (ny restrictive covenant that would prevent a purchasing tenant from continuing residence in a unit purchased under the right of first refusal is unenforcea"le against such tenant. 0pecific (uthority 718.$01(1)(f)! 718.,21 /0. :aw mplemented 718.,12 /0. *istoryF(mended 1%,%81! /ormerly 79%2#.0$! 79%2#.00$. '$5"12&((' E)ono i) Infor ation&

n addition to the economic information re+uired "y 0ections 718.,1#(1) and (2)! /lorida 0tatutes! each developer shall provide tenants with a copy of the following educational "rochures2 B?ondominium and ?ooperative ?onversions!B /orm 9D8 ''$. B?ondominium :iving in /lorida!B /orm 9D8 '',. and B ( <uide to 3urchasing a ?ondominium 6nit!B /orm 9D8 ''7. &he division shall provide each developer with ade+uate copies of these forms upon re+uest. =hen the division is una"le to provide a developer with forms! the developer is relieved of the re+uirements of this su"section.

1$

0pecific (uthority 718.$01(1)(f)! 718.,1#(2) /0. :aw mplemented 718.$01(1)(c)! 718.,1#(2) /0. *istoryF-ew 7%2%81! /ormerly 79%2#.0,! 79%2#.00,! (mended 2% 22%1#. '$5"12&((# Converter Reserve A))o*nts+ ,arranties+ Dis)los*res& (1)(a) &he funding of roof reserve accounts is "ased on the s+uare foot surface area of the roof. &he term BroofB does not include sloped siding that is not a part of a roof structure! does not serve the purpose of a roof and the deterioration of which would not result in damage to the interior of the improvements. (") &he age of any component or structure! for which the developer is funding a reserve account! shall "e measured F 1. Deginning with the later of2 a. &he date when the component or structure was replaced or su"stantially renewed! if the replacement or renewal of the component at least met the re+uirements of the then applica"le "uilding code. or ". &he date when the installation or construction of the existing component or structure was completed. and 2. Ending with the date when the first unit is sold. (2) =hen a developer is deemed to have granted to the purchaser of each unit an implied warranty! the term of the warranty is as follows2 (a) 1. /or a three year period "eginning with the date of the notice of intended conversion. or 2. /or a three year period "eginning with the date of the recording of the declaration of condominium. whichever period "egins last. and continuing thereafter through. (") 5ne year after the date when owners other than the developer o"tain control of the association. 3rovided! the term of the warranty shall not exceed more than five years after later of2 the date when the notice of conversion was given and the date when the declaration of condominium was recorded. (') &he developer shall disclose in the documents re+uired to "e furnished purchasers the type of post%purchase protection that is to "e provided2 funded reserve accounts! warranties! or reserve accounts funded with a surety "ond. 0pecific (uthority 718.$01(1)(f)! 718.,21 /0. :aw mplemented 718.$02($)! 718.$0'! 718.,18 /0. *istoryF-ew 7%2%81! /ormerly 79%2#.07! 79%2#.007! (mended 1%2,%17.

1,