Météo:

NOUVELLES LOIS EN FLORIDE (1ER JUILLET 2010)

Publication date: 24 juin 10 09:00:00

Voici le texte officiel des nouvelles lois qui entrent en vigueur le 1er juillet en Floride et qui touchent les résidents et associations de condominiums. Nous vous le reproduisons en anglais dans sa version originale. Prenez note des nouveaux changements en vigueur. Les directeurs des associations de condos pourront le traduire et le mettre bien en vue.

Par Louis S. St. Laurent II

627.714 Residential condominium unit owner coverage; loss assessment

coverage required.—

(1) For policies issued or renewed on or after July 1, 2010, coverage under a unit owner’s residential property policy must include at least $2,000 in property loss assessment coverage for all assessments made as a result of the same direct loss to the property, regardless of the number of assessments,

owned by all members of the association collectively if such loss is of the type of loss covered by the unit owner’s residential property insurance policy, to which a deductible of no more than $250 per direct property loss applies. If a deductible was or will be applied to other property loss sustained by the unit owner resulting from the same direct loss to the property, no deductible applies to the loss assessment coverage.

(2) The maximum amount of any unit owner’s loss assessment coverage

that can be assessed for any loss shall be an amount equal to that unit

owner’s loss assessment coverage limit in effect one day before the date of the occurrence. Any changes to the limits of a unit owner’s coverage for loss

assessments made on or after the day before the date of the occurrence are

not applicable to such loss.

(3) Regardless of the number of assessments, an insurer providing loss

assessment coverage to a unit owner is not required to pay more than an

amount equal to that unit owner’s loss assessment coverage limit as a result

of the same direct loss to property.

(4) Every individual unit owner’s residential property policy must

contain a provision stating that the coverage afforded by such policy is

excess coverage over the amount recoverable under any other policy covering the same property.

633.0215 Florida Fire Prevention Code.—

(13) A condominium, cooperative, or multifamily residential building

that is less than four stories in height and has a corridor providing an

exterior means of egress is exempt from the requirement to install a manual

fire alarm system under s. 9.6 of the Life Safety Code adopted in the Florida

Fire Prevention Code.

718.112 Bylaws.—

(2) REQUIRED PROVISIONS.—The bylaws shall provide for the following and, if they do not do so, shall be deemed to include the following:

b. Within 90 days after being elected or appointed to the board, each

newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best o f his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. In lieu of this written certification, the newly elected or appointed director may submit a certificate of satisfactory completion of the educational curriculum administered by a division-approved condominium education provider. A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this subsubparagraph.

The board may temporarily fill the vacancy during the period of suspension. The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members

for 5 years after a director’s election. Failure to have such written certification or educational certificate on file does not affect the validity of

any action.