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Tips for a Successful Condominium or Homeowner’s Association Turnover

Tips for a Successful Condominium or Homeowner’s Association Turnover

While Developers are required by Florida Statute 718 and 720 to provide the following to the Association at turnover:

  • Record Set for all design disciplines (architectural, structural, mechanical, electrical, plumbing, fire alarm, fire sprinkler, site civil, pool, irrigation, and landscaping)
  • Recorded Declaration with the bylaws.
  • List of names and addresses, of which the developer had knowledge at any time in the development of the Condominium Association, of all contractors, subcontractors, and suppliers utilized in the construction of the Property.
  • Project specifications
  • List of written warranties of the contractors, subcontractors, suppliers, and manufacturers still effective.
  • Copies of any certificates of occupancy that may have been issued for the Property.

Several things that can be done by the Association prior to and immediately after turnover for the benefit of the community. This information will benefit not only any forensic engineering firm in performing a Property Condition Assessment Report, but the community operations as a whole.

  1. List of Known Issues: Utilize the community management staff as well as any recent property complaints to fill out a list. This can include items such as several past failed repairs of a singular item like a large pump, cooling tower, or generator. Water intrusion or flooding events from within units and also from exterior to units are extremely valuable to track. Photographs, videos, and handwritten notes are invaluable.
    This list can also be provided to the Developer prior to turnover in hopes of them correcting them. If that is the case, it is still important to retain copies of the repair procedure with photographs for the Association’s records. If repairs don’t occur, it is still valuable that now the Developer is aware of the conditions from a historical aspect.
  2. Repair Invoices: Going hand in hand with the above, repair invoices for items that may appear to be in excess of typical maintenance should be retained, organized, and eventually provided to the forensic engineering firm after turnover. Think of this as the community’s medical history record. If a large-scale component has failed and needs to be replaced, see if that failed item can be stored by the Association for potential future engineering analysis, if necessary.
  3. Record Set of Digital Construction Plans: There are multiple different plan sets during any development, starting from a bid set. Each set will get more and more accurate, until the record set, which is stored on record with the Municipality upon project completion. The record set is intended to truly reflect the in-field, built condition. If an Association is only operating with a construction set, there is no guarantee that, for example, certain shut-off valves or electrical panels will be in the depicted locations, which can add to a headache in an emergency. It is strongly recommended to have the digital version of the record plan set, ideally cloud-based, so it can be effectively accessed by the management team and supporting vendors whenever needed.

Finally, some recommended wish list items that can be requested from the Developer, while they may not always provide them:

  • Post Tensioning Shop Drawings
  • Glazing Shop Drawings
  • Railings Shop Drawings
  • Pool Shop Drawings

A Community Association turnover is certainly an event that should be planned out on either side (Developer and Association) such that effective documentation and tangible property transfer can take place. As a final reminder, reliance upon the Association’s Counsel and management company during this period is imperative to its immediate and future success.

article sent to us from: Florida Association News Blog

 

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Legal: Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

Legal: Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

  • Posted: Dec 13, 2021
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Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

17 So.3d 839 (Fla. 4th DCA 2009)

By: Jay Roberts, Esq.

The ability for condominium associations to terminate certain contracts using a statutory procedure is at the heart of THIS CASE. In 2002, Comcast of Florida, L.P. (“Comcast”) entered into an agreement with the condominium developer (on behalf of the Association) that granted Comcast an easement to install cables and offer cable television services to residents at a bulk-discount rate. Every unit owner received and paid for the cable service as part of a monthly maintenance fee. The termination provision in the agreement stated it would be subject to the conditions and regulations required under Chapter 718, Florida Statutes. Following turnover from the developer to the unit owners, the Association voted to terminate the agreement and sent written notice to Comcast in accordance with F.S. 718.302.

Section 718.302, Fla. Stat. (2002), provided in part:

(1) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be fair and reasonable, and such grant, reservation, or contract may be canceled by unit owners other than the developer:
(a) … the cancellation shall be by concurrence of the owners of not less than 75 percent of the voting interests other than the voting interests owned by the developer….

After receiving notice of the termination, Comcast refused to open the distribution lock boxes. Ultimately, Comcast sued for declaratory and injunctive relief for breach of contract and trespass. Before a hearing was held, the Association hired another provider to rewire the building and provide services to all residential units. The trial court ruled in favor of the Association. On appeal, Comcast argued that F.S. 718.302 did not apply to Comcast’s services, because the contract was not one for operation, maintenance, or management of the condominium as required under the statutory language.

On appeal the Fourth District Court of Appeal found that the agreement explicitly required Comcast to operate and maintain the wires and lock boxes it had installed. The Court also noted that under F.S. 718.115(1)(d), the cost of cable television service obtained pursuant to a bulk rate contract is deemed a common expense. In light of the fact that the agreement provided for a cable television service, and that the cost was part of a monthly maintenance fee, and that Comcast was required to service and maintain the cable television, the Court concluded that the agreement was one for “operation, maintenance, or management” subject to F.S. 718.302 (NOTE: the 2021 version of this statute is substantially the same as the 2002 version).

So why does THIS CASE matter? The Florida Condominium Act provides various rights to condominium associations which become effective upon turnover of the association from developer-controlled to unit owner-controlled, including, but not limited to, the ability to terminate certain contracts. It is vital for associations which recently have undergone turnover to discuss the various rights which accrued on the date turnover with the association’s legal counsel.

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