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Condominium
   Living

                  1
Condominium Ownership

A condominium is a form of real property
  ownership in which an individual owns a unit
  exclusively and owns common elements jointly
  with all other unit owners in the condominium.




                                                   2
Condominium Ownership continued…

   Condominiums may be created at the time of
    initial construction or by converting previously
    existing apartments, townhouses, and
    hotels/motels to the condominium form of
    ownership.
   Other examples of condominiums include mobile
    home sites, recreational vehicle sites, boat
    docks, and office parks.



                                                   3
Condominium Ownership continued…

   Common elements are those portions of the
    condominium property which are not included in
    the units.
   All unit owners share ownership of the common
    elements in an undivided manner.




                                                     4
Condominium Ownership continued…

The structure of the building including the roof,
  walls, conduit and hallways, and recreation
  facilities are examples of items that are usually
  part of the common elements.




                                                      5
Operating a Condominium

   The operation of a condominium is carried out
    through its association, usually a not-for-profit
    corporation.
   Each purchaser, by accepting title to his or her
    unit, automatically becomes an association
    member, and is bound by the association rules
    and regulations.




                                                        6
Operating a Condominium continued…

The Association:
   Manages and operates the condominium
    community;
   Maintains the common elements;
   Provides services in furtherance of its duties to
    the members.




                                                        7
Operating a Condominium continued…

The Association:
Has powers and responsibilities that are similar to those of
  local governments;
 Must establish a budget that addresses:
   • Estimated operating expenses for the current period;
   • Set aside funds for future maintenance projects;
   • Collect assessments to pay for the common
     expenses.
 Must enforce its rules and regulations.



                                                               8
Operating a Condominium continued…

The Board of Directors:
 Is initially appointed by the developer;
 And subsequently elected by the unit owners;
 Is responsible for managing the affairs of the
  association;
 May appoint committees to assist with the
  various duties of the association.



                                                   9
Operating a Condominium continued…

Directors:
 Are expected to carry out their duties, as any
  other ordinarily prudent person would do under
  reasonably similar circumstances;
 Have a fiduciary relationship with the unit
  owners;
 Have the responsibility to act with the highest
  degree of good faith;
 Must place the interests of the unit owners
  above personal interests.

                                                    10
Operating a Condominium continued…
The association’s effectiveness rests primarily with
  its membership, the unit owners.
Unit Owners should:
 Take an active part by serving in leadership
  positions on the board of directors and/or its
  committees;
 Attend association meetings;
 Vote;
 Assist in other affairs of the association
  whenever possible.

                                                   11
Restrictions and Responsibilities of Unit
                  Owners
Restrictions on the use of both the individual unit
 and the common elements of a condominium
 are designed to preserve the best interest of all
 unit owners. The restrictions are usually
 contained in the condominium documents but
 the board of directors has the authority to adopt
 reasonable rules and regulations concerning the
 use of common elements, areas and facilities.




                                                  12
Restrictions and Responsibilities of Unit
            Owners continued…
Individual unit restrictions can include:
 Limitations on the use, occupancy and sale of
  the unit;
 Types of window coverings;
 Renting and Leasing;
 Pets;
 Occupant age;
 Number of Occupants.



                                                  13
Restrictions and Responsibilities of Unit
            Owners continued…
Common element restrictions can include:
 Limitations on parking;
 Type of vehicles allowed on premises;
 Limitations on modifications of exterior;
 Use of recreational and other common facilities.




                                                 14
Restrictions and Responsibilities of Unit
            Owners continued…
Financial Responsibilities of Unit Owners:
 The cost of operating and maintaining the
  condominium is funded through the collection of
  assessments by the association;
 Assessments vary depending upon amenities,
  level of service being offered and the age of the
  facilities, etc;
 Unit owners may also expect to face special
  assessments when unexpected expenditures
  occur.

                                                  15
Summary
   Condominium living offers many benefits including an
    economical solution to rising land values, building costs,
    maintenance expenses, and providing purchasers with
    an opportunity to enjoy commonly owned recreational
    and other facilities that might otherwise be unaffordable.
   Although the board of directors is essentially the
    decision-making body for the condominium, the
    association’s effectiveness rests primarily with its
    membership -- the unit owners. For an association to be
    successful, unit owners must take an active part by
    serving in leadership positions on the board of directors
    and/or its committees, attending association meetings,
    voting, and assisting in other affairs of the association
    whenever possible. These roles are essential to an
    association’s success.

                                                             16
Customer Contact Center
   For additional information concerning the
    Condominium or Cooperative Acts and to
    request copies of educational materials available
    to condominium and cooperative unit owners you
    may contact the Department’s Customer Contact
    Center at Center at 1-800-226-9101 (Florida
    Only) or 850-488-1122.
   You may also e-mail the Department at
            call.center@dbpr.state.fl.us
   Statutes and other information concerning the
    division are available on the World Wide Web at
    www.myfloridalicense.com/dbpr/lsc/index.html
                                                        17

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Condominium Living

  • 2. Condominium Ownership A condominium is a form of real property ownership in which an individual owns a unit exclusively and owns common elements jointly with all other unit owners in the condominium. 2
  • 3. Condominium Ownership continued…  Condominiums may be created at the time of initial construction or by converting previously existing apartments, townhouses, and hotels/motels to the condominium form of ownership.  Other examples of condominiums include mobile home sites, recreational vehicle sites, boat docks, and office parks. 3
  • 4. Condominium Ownership continued…  Common elements are those portions of the condominium property which are not included in the units.  All unit owners share ownership of the common elements in an undivided manner. 4
  • 5. Condominium Ownership continued… The structure of the building including the roof, walls, conduit and hallways, and recreation facilities are examples of items that are usually part of the common elements. 5
  • 6. Operating a Condominium  The operation of a condominium is carried out through its association, usually a not-for-profit corporation.  Each purchaser, by accepting title to his or her unit, automatically becomes an association member, and is bound by the association rules and regulations. 6
  • 7. Operating a Condominium continued… The Association:  Manages and operates the condominium community;  Maintains the common elements;  Provides services in furtherance of its duties to the members. 7
  • 8. Operating a Condominium continued… The Association: Has powers and responsibilities that are similar to those of local governments;  Must establish a budget that addresses: • Estimated operating expenses for the current period; • Set aside funds for future maintenance projects; • Collect assessments to pay for the common expenses.  Must enforce its rules and regulations. 8
  • 9. Operating a Condominium continued… The Board of Directors:  Is initially appointed by the developer;  And subsequently elected by the unit owners;  Is responsible for managing the affairs of the association;  May appoint committees to assist with the various duties of the association. 9
  • 10. Operating a Condominium continued… Directors:  Are expected to carry out their duties, as any other ordinarily prudent person would do under reasonably similar circumstances;  Have a fiduciary relationship with the unit owners;  Have the responsibility to act with the highest degree of good faith;  Must place the interests of the unit owners above personal interests. 10
  • 11. Operating a Condominium continued… The association’s effectiveness rests primarily with its membership, the unit owners. Unit Owners should:  Take an active part by serving in leadership positions on the board of directors and/or its committees;  Attend association meetings;  Vote;  Assist in other affairs of the association whenever possible. 11
  • 12. Restrictions and Responsibilities of Unit Owners Restrictions on the use of both the individual unit and the common elements of a condominium are designed to preserve the best interest of all unit owners. The restrictions are usually contained in the condominium documents but the board of directors has the authority to adopt reasonable rules and regulations concerning the use of common elements, areas and facilities. 12
  • 13. Restrictions and Responsibilities of Unit Owners continued… Individual unit restrictions can include:  Limitations on the use, occupancy and sale of the unit;  Types of window coverings;  Renting and Leasing;  Pets;  Occupant age;  Number of Occupants. 13
  • 14. Restrictions and Responsibilities of Unit Owners continued… Common element restrictions can include:  Limitations on parking;  Type of vehicles allowed on premises;  Limitations on modifications of exterior;  Use of recreational and other common facilities. 14
  • 15. Restrictions and Responsibilities of Unit Owners continued… Financial Responsibilities of Unit Owners:  The cost of operating and maintaining the condominium is funded through the collection of assessments by the association;  Assessments vary depending upon amenities, level of service being offered and the age of the facilities, etc;  Unit owners may also expect to face special assessments when unexpected expenditures occur. 15
  • 16. Summary  Condominium living offers many benefits including an economical solution to rising land values, building costs, maintenance expenses, and providing purchasers with an opportunity to enjoy commonly owned recreational and other facilities that might otherwise be unaffordable.  Although the board of directors is essentially the decision-making body for the condominium, the association’s effectiveness rests primarily with its membership -- the unit owners. For an association to be successful, unit owners must take an active part by serving in leadership positions on the board of directors and/or its committees, attending association meetings, voting, and assisting in other affairs of the association whenever possible. These roles are essential to an association’s success. 16
  • 17. Customer Contact Center  For additional information concerning the Condominium or Cooperative Acts and to request copies of educational materials available to condominium and cooperative unit owners you may contact the Department’s Customer Contact Center at Center at 1-800-226-9101 (Florida Only) or 850-488-1122.  You may also e-mail the Department at call.center@dbpr.state.fl.us  Statutes and other information concerning the division are available on the World Wide Web at www.myfloridalicense.com/dbpr/lsc/index.html 17