Court Opinions
State Laws
|
Florida Laws: FL Statutes - Title XL Chapter 719 Cooperatives
Legal Research Home >
Florida Laws > Real and Personal Property > Florida Laws: FL Statutes - Title XL Chapter 719 Cooperatives
Part I - General Provisions(ss. 719.101-719.127)
- §719.101 Short title.
This chapter shall be known and may be cited as the "Cooperative Act." History.--s. 2, ch. 76-222.
- §719.102 Purpose.
The purpose of this chapter is to give statutory recognition to the cooperative form of ownership of real property. It shall not be construed as...
- §719.103 Definitions.
As used in this chapter: (1) "Assessment" means a share of the funds required for the payment of common expenses, which from time to time is...
- §719.1035 Creation of cooperatives.
(1) The date when cooperative existence shall commence is upon commencement of corporate existence of the cooperative association as provided in s. 607.0203. The cooperative documents...
- §719.104 Cooperatives; access to units; records; financial reports; assessments; purchase of leases.
(1) RIGHT OF ACCESS TO UNITS.--The association has the irrevocable right of access to each unit from time to time during reasonable hours when necessary for...
- §719.105 Cooperative parcels; appurtenances; possession and enjoyment.
(1) Each cooperative parcel has, as appurtenances thereto: (a) Evidence of membership, ownership of shares, or other interest in the association with the full voting rights appertaining...
- §719.1055 Amendment of cooperative documents; alteration and acquisition of property.
(1) Unless otherwise provided in the original cooperative documents, no amendment thereto may change the configuration or size of any cooperative unit in any material fashion,...
- §719.106 Bylaws; cooperative ownership.
(1) MANDATORY PROVISIONS.--The bylaws or other cooperative documents shall provide for the following, and if they do not, they shall be deemed to include the following:...
- §719.1064 Failure to fill vacancies on board of administration; appointment of receiver upon petition of unit owner.
If an association fails to fill vacancies on the board of administration sufficient to constitute a quorum in accordance with the bylaws, any unit owner...
- §719.1065 Power of attorney; compliance with chapter.
The use of a power of attorney that affects any aspect of the operation of a cooperative shall be subject to and in compliance with...
- §719.107 Common expenses; assessment.
(1)(a) Common expenses include the expenses of the operation, maintenance, repair, or replacement of the cooperative property; costs of carrying out the powers and duties of...
- §719.108 Rents and assessments; liability; lien and priority; interest; collection; cooperative ownership.
(1) A unit owner, regardless of how title is acquired, including, without limitation, a purchaser at a judicial sale, shall be liable for all rents and...
- §719.109 Right of owners to peaceably assemble.
(1) All common areas and recreational facilities serving any cooperative shall be available to unit owners in the cooperative or cooperatives served thereby and their invited...
- §719.110 Limitation on actions by association.
The statute of limitations for any actions in law or equity which a cooperative association may have shall not begin to run until the unit...
- §719.111 Attorney's fees.
If a contract or lease between a cooperative unit owner or association and a developer contains a provision allowing attorney's fees to the developer, should...
- §719.112 Unconscionability of certain leases; rebuttable presumption.
(1) The Legislature expressly finds that many leases involving use of recreational or other common facilities by residents of cooperatives were entered into by parties wholly...
- §719.1124 Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner.
(1) If an association fails to fill vacancies on the board of administration sufficient to constitute a quorum in accordance with the bylaws, any unit owner...
- §719.114 Separate taxation of cooperative parcels; survival of contractual provisions after tax sale.
(1) Ad valorem taxes and special assessments by taxing authorities shall be assessed against the cooperative parcels and not upon the cooperative property as a whole....
- §719.115 Limitation of liability.
(1) The liability of the owner of a unit for common expenses is limited to the amounts for which he or she is assessed for common...
- §719.1255 Alternative resolution of disputes.
The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation shall provide for alternative dispute resolution in accordance...
- §719.127 Receivership notification.
Upon the appointment of a receiver by a court for any reason relating to a cooperative association, the court shall direct the receiver to provide...
Part II - Rights and Obligations of Developers(ss. 719.202, 719.203)
- §719.202 Sales or reservation deposits prior to closing.
(1) If a developer contracts to sell a cooperative parcel and the construction, furnishing, and landscaping of the property submitted or proposed to be submitted to...
- §719.203 Warranties.
(1) The developer shall be deemed to have granted to the purchaser of each parcel an implied warranty of fitness and merchantability for the purposes or...
Part III - Rights and Obligations of Association(ss. 719.301-719.304)
- §719.301 Transfer of association control.
(1) When unit owners other than the developer own 15 percent or more of the units in a cooperative that will be operated ultimately by an...
- §719.302 Agreements entered into by the association.
(1) Any grant or reservation made by a cooperative document, lease, or other document, and any contract made by an association prior to assumption of control...
- §719.3026 Contracts for products and services; in writing; bids; exceptions.
Associations with less than 100 units may opt out of the provisions of this section if two-thirds of the unit owners vote to do so,...
- §719.303 Obligations of owners.
(1) Each unit owner, each tenant and other invitee, and each association shall be governed by, and shall comply with the provisions of, this chapter, the...
- §719.304 Association's right to amend cooperative documents.
(1) If there is an omission or error in any cooperative document, or in other documents required by law to establish the cooperative, the association may...
Part IV - Special Types of Cooperatives(ss. 719.401-719.403)
- §719.401 Leaseholds.
(1) A cooperative may be created on lands held under lease or may include recreational facilities or other common elements or commonly used facilities on a...
- §719.4015 Cooperative leases; escalation clauses.
(1) It is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in land leases or other leases or...
- §719.402 Conversion of existing improvements to cooperative.
A developer may create a cooperative by converting existing, previously occupied improvements to such ownership by complying with parts I and VI of this chapter....
- §719.403 Phase cooperatives.
(1) A developer may develop a cooperative in phases, if the original cooperative documents or an amendment to the cooperative documents approved by the unit owners...
Part V - Regulation and Disclosure Prior to Sale of Residential
cooperatives(ss. 719.501-719.508)
- §719.501 Powers and duties of Division of Florida Condominiums, Timeshares, and Mobile Homes.
(1) The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation, referred to as the "division" in this part,...
- §719.502 Filing prior to sale or lease.
(1)(a) A developer of a residential cooperative shall file with the division one copy of each of the documents and items required to be furnished to...
- §719.503 Disclosure prior to sale.
(1) DEVELOPER DISCLOSURE.-- (a) Contents of contracts.--Any contracts for the sale of a unit or a lease thereof for an unexpired term of more than 5 years...
- §719.504 Prospectus or offering circular.
Every developer of a residential cooperative which contains more than 20 residential units, or which is part of a group of residential cooperatives which will...
- §719.505 Good faith effort to comply.
If a developer, in good faith, has attempted to comply with the requirements of this part, and if, in fact, he or she has substantially...
- §719.506 Publication of false and misleading information.
(1) Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the...
- §719.507 Zoning and building laws, ordinances, and regulations.
All laws, ordinances, and regulations concerning buildings or zoning shall be construed and applied with reference to the nature and use of such property, without...
- §719.508 Regulation by Division of Hotels and Restaurants.
In addition to the authority, regulation, or control exercised by the Division of Florida Condominiums, Timeshares, and Mobile Homes pursuant to this act with respect...
Part VI - Conversions to Cooperative(ss. 719.604-719.622)
- §719.604 Short title.
This part shall be known and may be cited as the "Roth Cooperative Conversion Act" in memory of Mr. James S. Roth, Director, Division of...
- §719.606 Conversion of existing improvements to cooperative; rental agreements.
When existing improvements are converted to ownership as a residential cooperative: (1)(a) Each residential tenant who has resided in the existing improvements for at least the...
- §719.608 Notice of intended conversion; time of delivery; content.
(1) Prior to or simultaneous with the first offering of individual units to any person, each developer shall deliver a notice of intended conversion to all...
- §719.61 Notices.
(1) All notices from tenants to a developer shall be deemed given when deposited in the United States mail, addressed to the developer's address as stated...
- §719.612 Right of first refusal.
(1) Each tenant, who for the 180 days preceding a notice of intended conversion has been a residential tenant of the existing improvements, shall have the...
- §719.614 Economic information to be provided.
The developer shall distribute to tenants having a right of first refusal, if any: (1) Information in summary form regarding mortgage financing; estimated down payment; alternative...
- §719.616 Disclosure of condition of building and estimated replacement costs.
(1) Each developer of a residential cooperative created by converting existing, previously occupied improvements to such form of ownership shall disclose the condition of the improvements...
- §719.618 Converter reserve accounts; warranties.
(1) When existing improvements are converted to ownership as a residential cooperative, the developer shall establish reserve accounts for capital expenditures and deferred maintenance, or give...
- §719.62 Prohibition of discrimination against nonpurchasing tenants.
When existing improvements are converted to cooperative, tenants who have not purchased a unit in the cooperative being created shall, during the remaining term of...
- §719.621 Rulemaking authority.
The division may adopt rules to administer and ensure compliance with a developer's obligations with respect to cooperative conversions concerning the filing and noticing of...
- §719.622 Saving clause.
(1) All notices of intended conversion given subsequent to the effective date of this part shall be subject to the requirements of ss. 719.606, 719.608, and...
Last modified: March 26, 2010
|
|
