Fla. Admin. Code Ann. R. 61B-24.002 - Notices of Intended Conversion
(1) Prior
to delivery to tenants, each developer of a conversion shall file with the
division and receive acceptance of its notice of intended conversion.
(a) After the division receives a proposed
notice of intended conversion and the $100 filing fee it shall, within 20 days,
inform the developer by mail that the division has accepted the notice or
reviewed the notice and determined specific deficiencies.
(b) The developer shall have 20 days from the
date of the division's notification of deficiencies in the notice to correct
such deficiencies.
(c) The 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 required to give tenants a notice of intended
conversion which has been accepted by the division. The developer is required
to send the notice by certified or registered mail. The notice is deemed given
to the tenant on the date when it is mailed. A tenant's refusal of receipt of a
notice of intended conversion does not affect the validity of the notice.
(a) When 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 by regular mail or provide notice in
any other reasonable manner.
(b)
This subsection shall not be construed to require 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 prescribed by Part VI of the
Condominium Act.
(3) Each
notice of intended conversion shall state the address of the developer.
(a) The address stated shall be an address at
which tenants may personally deliver or mail their responses to the notice of
intended conversion.
(b) A
developer may list more than one address in a notice of intended conversion. A
developer may list a street address to which tenants may mail or personally
deliver their responses to the notice and a post office box address to which
tenants' responses may be mailed.
(4) Each notice of intended conversion shall
state the address or specific location of the property to be converted to
condominium, above the text set forth by Section
718.608, F.S.
(5) For the purpose of each notice of
intended conversion the Tallahassee address and telephone number of the
division is:
Department of Business and Professional Regulation
Division of Florida Condominiums, Timeshares, and Mobile Homes
2601 Blair Stone Road
Tallahassee, Florida 32399-1030
(800) 226-9101
(6) Each notice of intended conversion is
required to include the text set forth by Section
718.608, F.S. A developer may
make statements supplemental to the notice of intended conversion. These
statements shall not be misleading or inconsistent with the statutory text of
the notice of intended conversion or any provision of the Condominium Act, and
no additional statements may be interspersed with the statutorily required
text.
(7) When 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 be deemed to have
responded to any subsequent notice of intended conversion as amended, provided,
upon receipt of a subsequent 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 be dated with the date when the notice is
mailed.
Notes
Rulemaking Authority 718.501(1)(f), 718.608(5), 718.621 FS. Law Implemented 718.608(5) FS.
New 7-2-81, Formerly 7D-24.02, Amended 4-1-92, Formerly 7D-24.002, Amended 12-23-02, 2-7-06.
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