Fla. Admin. Code Ann. R. 61B-78.001 - Association Fee; Mailing Address; Retrofitting

(1) The annual fee shall be paid as follows:

(a) The division shall provide to the association an annual fee statement. The failure to receive the annual fee statement shall not relieve the association of the obligation to pay the fee. Annual fees shall be paid online at www.MyFloridaLicense.com or by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes.

(b) If the documents are amended during the year to alter the number of units, the association shall pay the annual fee on the highest number of units during the year.

(2) The association shall, within 30 days of a change of address, notify the division in writing of its new mailing address.

(3) Each association that votes to forego retrofitting of the common areas or units of a residential cooperative with a fire sprinkler system, handrails, or guardrails, shall report the voting results and certification information for each affected cooperative to the division on DBPR Form CP 6000-1, Retrofitting Report for Cooperatives, incorporated herein by reference and effective 11-30-04. If retrofitting has been undertaken by a residential cooperative, the association shall report the per-unit cost of such work to the division on DBPR Form CP 6000-1. DBPR Form CP 6000-1 must be filed with the division within 60 days of recordation of the retrofitting waiver certificate in the public records where the cooperative is located or upon commencement of the retrofitting project. DBPR Form CP 6000-1 may be obtained by writing the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, FL 32399-1030. The division shall prepare separate reports of information obtained from associations relating to the waiver of a fire sprinkler system and the waiver of handrails and guardrails and deliver the reports to the Division of State Fire Marshal of the Department of Financial Services no later than August 1 of each year.

(4)

(a) As provided for by Section 719.1055, F.S., any vote to waive a retrofitting requirement shall be held at a duly called meeting of the membership, with members voting live and in person, or may be conducted without a membership meeting by written consents, or may be conducted by a combination of the two with the association counting written consents received along with votes cast live and in person at a duly called meeting of the membership. Effective October 1, 2004, retrofitting requirements related to a fire sprinkler system may also be waived by the use of limited proxies cast at a duly called meeting of the membership.

(b) The written consent form utilized by the association must contain a space for the authorized voter to sign and must identify the unit owned. Voting by written consent may be utilized by an association regardless of whether the cooperative documents specifically permit voting by written consent.

Notes

Fla. Admin. Code Ann. R. 61B-78.001

Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.1055(5), (6), 719.501(1), (2) FS.

New 2-17-98, Amended 1-28-04, 11-30-04, Amended by Florida Register Volume 41, Number 027, February 10 effective 2/22/2015, Amended by Florida Register Volume 41, Number 160, August 18, 2015 effective 9/1/2015.

New 2-17-98, Amended 1-28-04, 11-30-04, 2-22-15, 9-1-15.