Fla. Admin. Code Ann. R. 61B-17.003 - Phase Condominium Filing
(1) Every
developer of a phase residential condominium shall file the initial phase with
the division. Said initial filing shall be submitted as required by Rule
61B-17.002, F.A.C.
(2) "Subsequent Phase" means any phase not
submitted to the condominium form of ownership with the recording of the
original declaration of condominium. Subsequent phase(s) shall be filed as set
forth below prior to offering any unit therein for sale or lease when the lease
period is more than five years. Amendments to the declaration providing for
subsequent phases and supporting documentation may be filed at the same time as
the initial filing, or at a later time, but at any time all requirements of
this rule shall be observed.
(3) In
addition to filing as mentioned above, upon recording an amendment to the
declaration submitting a subsequent phase to the condominium form of ownership,
the developer shall file the recording information in accordance with
subsection 61B-17.001(4),
F.A.C. Upon substantial completion of the construction of each subsequent
phase, the developer shall file with the division a survey prepared by a
surveyor authorized to practice in the State of Florida with the appropriate
certificate of the surveyor. Said certificate shall state that the construction
of the improvements is substantially complete and is an accurate representation
of the location and dimensions of the improvements. There shall be no filing
fee for the filings described in this paragraph.
(4) When subsequent phase(s) are filed, the
developer shall submit all amendments and all additional information, as
outlined in Chapter 718, F.S., and these rules that pertain to said phase.
Documents previously filed with the initial phase and which also pertain to the
subsequent phase being filed, may be incorporated into the filing of subsequent
phase(s) by reference thereto in the Filing Statement for Subsequent
Phase(s).
(5) Subsequent phases
shall be filed using the amendment procedures provided by Rule
61B-17.006, F.A.C. The filing
fee due pursuant to Section
718.502(3),
F.S., for each residential unit being added in the subsequent phase, shall
accompany the filing. Each filing of a subsequent phase shall be submitted with
the Filing Statement for Subsequent Phase(s).
(6) Filing for each subsequent phase shall
contain a Table of Contents identifying the contents of the filing and their
page numbers. The developer shall prepare the Table of Contents indicating the
order in which the documents appear in the subsequent filing in order to
facilitate review by the division.
(7) The declaration for an initial phase
shall include a description of each anticipated phase in the manner required by
Section 718.403, F.S.
(a) The estimated operating budget filed with
the division in a phase condominium shall include a budget for the condominium
completed through the phase being filed and a budget for the condominium as it
would be upon completion of all phases, using estimated expenses as of the date
of filing.
(b) The description of
the general size of units pursuant to Section
718.403(2)(b),
F.S., shall be stated in terms of approximate square footage per unit
type.
(8) Any amendment
to the declaration that adds subsequent phases shall state the resulting
percentage or proportion of the ownership interest in the common elements
appurtenant to each unit.
(9) After
the original declaration of condominium has been recorded, any amendment
changing the estimated completion dates of any phase or changing the items
required to be included in the original declaration by Section
718.403(2),
F.S., shall be approved by all unit owners.
(10) If the phase plan is being extended
under Section 718.403(1),
F.S., the phase amendment filing must include a recorded amendment with the
required unit owner approval and either of the documents required under Section
718.403(1)(c),
F.S., used to determine the time period of 10 years.
Notes
Rulemaking Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.104(4)(f), 718.403(1)-(7), 718.502(3), 718.503(2) FS.
New 11-15-77, Amended 7-22-80, 5-11-82, Formerly 7D-17.03, Amended 1-27-87, Formerly 7D-17.003, Amended 1-20-97, 1-26-03, 8-5-03, 12-10-13.
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