2008 Legislative Update Part 1 - Condo Association Candidate Certification

One of the many changes made to Chapter 718 this year is the following new requirements which will apply to all condominium elections where the first notice of election is sent out on or after October 1, 2008:

 Section 718.112(2)(d)3 of the Florida Statutes

 . . . Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, . . . a first notice of the date of the election along with a certification form provided by the division attesting that he or she has read and understands, to the best of his or her ability, the governing documents of the association and the provisions of this chapter and any applicable rules. . . . .

 . . . Upon request of a candidate, the Association shall include an information sheet, no larger than 81/2 inches by 11 inches, which must be furnished by the candidate not less than 35 days before the election, along with the signed certification form provided for in this subparagraph, to be included with the mailing, delivery or transmission of the ballot. . . . .  (Emphasis added.)

Attached to this edition of our e-Lawyer is the form which has now been created by The Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes which must be used for this new requirement.

The firm of Taylor & Carls, P.A., with offices located in Maitland, Melbourne, Clearwater and Palm Coast, Florida, was founded in 1981 and has practiced in the area of community association law since that date.  This edition was prepared by Robert L. Taylor, Esq. of Taylor & Carls, P.A.  The information contained in The Association e-Lawyer should not be acted upon without professional legal advice.  The opinions expressed herein are as of the date hereof, and this law firm undertakes no obligation to advise the Association of subsequent changes in the law.

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©2008 Taylor & Carls, P.A.  All Rights Reserved.

The firm can be reached Toll Free at 1-800-395-6235 or locally at 407-660-1040.

 
 
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