CONDO TERMINATION
By
Rafael Aquino
Published December 8, 2021
While terminating a condo has its
challenges over the past several years, I've seen a higher interest
from developers/investors looking for these deals. The properties
are either in a great location or aren't well maintained. When it
is due to lack of maintenance, there is an opportunity for an
investor to add value, which sparks their interest. There were
recent changes made to the law to protect homeowners; however I
believe that this interest will continue, especially as land value
and construction cost skyrocket.
If an investor or a developer
approaches your association, I strongly urge you to speak with your
association attorney to understand the process. In some cases, it
may not make sense to terminate, but in others, it may. Below, I've
placed portions of the language you find in FS 718.117 when it comes
to a condo termination.
(3) OPTIONAL
TERMINATION.—The condominium form of ownership may be terminated for
all or a portion of the condominium property pursuant to a plan of
termination meeting the requirements of this section and approved by
the division. Before a residential association submits a plan to the
division, the plan must be approved by at least 80 percent of the
total voting interests of the condominium. However, if 5 percent or
more of the total voting interests of the condominium have rejected
the plan of termination by negative vote or by providing written
objections, the plan of termination may not proceed.
(a) The termination of the
condominium form of ownership is subject to the following
conditions:
1. The total voting
interests of the condominium must include all voting interests for
the purpose of considering a plan of termination. A voting interest
of the condominium may not be suspended for any reason when voting
on termination pursuant to this subsection.
2. If 5 percent or more of
the total voting interests of the condominium reject a plan of
termination, a subsequent plan of termination pursuant to this
subsection may not be considered for 24 months after the date of the
rejection.
(b) This subsection does
not apply to any condominium created pursuant to part VI of this
chapter until 5 years after the recording of the declaration of
condominium, unless there is no objection to the plan of
termination.
(c) For purposes of this
subsection, the term "bulk owner" means the single holder of such
voting interests or an owner together with a related entity or
entities that would be considered an insider, as defined in s.
726.102, holding such voting interests. If the condominium
association is a residential association proposed for termination
pursuant to this section and, at the time of recording the plan of
termination, at least 80 percent of the total voting interests are
owned by a bulk owner, the plan of termination is subject to the
following conditions and limitations:
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