719.101 – Short title.
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.
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 repealing or amending any law now in effect, except those in conflict herewith, and any such conflicting laws shall be affected only insofar as they apply to cooperatives. History.—s. 2, […]
719.103 – Definitions.
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 assessed against the unit owner. (2) “Association” means the corporation for profit or not for profit that owns the record interest in the cooperative property or a leasehold of the property […]
719.1035 – Creation of cooperatives.
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 must be recorded in the county in which the cooperative is located before property may be conveyed or transferred to the cooperative. All persons who have any […]
719.104 – Cooperatives; access to units; records; financial reports; assessments; purchase of leases.
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 the maintenance, repair, or replacement of any structural components of the building or of any mechanical, electrical, or plumbing […]
719.105 – Cooperative parcels; appurtenances; possession and enjoyment.
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 thereto. Such evidence must include a legal description of each dwelling unit and must be recorded in the office of the clerk of the […]
719.1055 – Amendment of cooperative documents; alteration and acquisition of property.
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, materially alter or modify the appurtenances of the unit, or change the proportion or percentage by which the owner of the […]
719.106 – Bylaws; cooperative ownership.
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: (a) Administration.— 1. The form of administration of the association shall be described, indicating the titles of the officers and board of administration and specifying the powers, duties, manner […]
719.1064 – Failure to fill vacancies on board of administration; appointment of receiver upon petition of unit owner.
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 may apply to the circuit court within whose jurisdiction the cooperative lies for the appointment […]
719.1065 – Power of attorney; compliance with chapter.
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 the provisions of this chapter and all cooperative documents, association rules and other rules adopted pursuant to this chapter and all other covenants, conditions, and […]
719.107 – Common expenses; assessment.
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 the association; and any other expense, whether or not included in this paragraph, designated as common expense by this chapter or the cooperative documents. (b) If so provided […]
719.108 – Rents and assessments; liability; lien and priority; interest; collection; cooperative ownership.
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 assessments coming due while the unit owner is in exclusive possession of a unit. In a voluntary transfer, the […]
719.109 – Right of owners to peaceably assemble.
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 guests for the use intended for such common areas and recreational facilities. The entity or entities responsible for the operation of the common areas […]
719.110 – Limitation on actions by association.
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 owners have elected a majority of the members of the board of administration. History.—s. 9, ch. 77-222; s. 266, ch. 79-400; s. 19, ch. 86-175.
719.111 – Attorney’s fees.
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 any litigation arise under the provisions of the contract or lease, the court shall also allow reasonable attorney’s fees to the unit owner or association when the unit owner […]
719.112 – Unconscionability of certain leases; rebuttable presumption.
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 representative of the interests of a cooperative developer at a time when the cooperative unit owners not only did not control the administration of […]
719.1124 – Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner.
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 may give notice of his or her intent to […]
719.114 – Separate taxation of cooperative parcels; survival of contractual provisions after tax sale.
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. No ad valorem tax or special assessment may be separately assessed against common areas if the common areas […]
719.115 – Limitation of liability.
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 expenses from time to time in accordance with this chapter, the cooperative documents, and the bylaws. (2) The owner of a unit may be personally liable for acts […]
719.1255 – Alternative resolution of disputes.
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 with s. 718.1255. History.—s. 23, ch. 86-175; s. 23, ch. 92-49; s. 237, ch. 94-218; s. 56, ch. 2008-240.