HomeMy WebLinkAboutCity of Tamarac Resolution R-2024-006Temp. Reso. #TR14072
January 10, 2024
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2024 - DO%
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO IDENTIFY AVAILABLE
FUNDING SOURCES THAT COULD BE USED TO CREATE A GRANT
PROGRAM OR LOW INTEREST LOAN PROGRAM OR BOTH, FOR
CONDOMINIUM AND COOPERATIVE ASSOCIATIONS AND ECONOMICALLY
VULNERABLE CONDOMINIUM AND COOPERATIVE UNIT OWNERS, TO
DEFRAY THE COSTS OF DEFERRED MAINTENANCE AND REPAIRS ARISING
OUT OF MILESTONE INSPECTIONS AND STRUCTURAL INTEGRITY
RESERVE STUDIES, URGING THE FLORIDA LEGISLATURE TO
COLLABORATE WITH LENDING AND FINANCIAL INSTITUTIONS TO CREATE
PROGRAMS THAT WOULD PROVIDE FUNDING RELIEF TO CONDOMINIUM
AND COOPERATIVE ASSOCIATIONS AND ECONOMICALLY VULNERABLE
CONDOMINIUM AND COOPERATIVE UNIT OWNERS WHO ARE SPECIALLY
ASSESSED FOR THE COSTS OF DEFERRED MAINTENANCE AND
STRUCTURAL REPAIRS ARISING OUT OF MILESTONE INSPECTIONS AND
STRUCTURAL INTEGRITY RESERVE STUDIES, URGING THE FLORIDA
LEGISLATURE TO FURTHER AMEND THE LAW SO THAT ASSOCIATIONS
OTHER THAN THOSE OPERATING A MULTICONDOMINIUM MAY
DETERMINE TO PROVIDE NO RESERVES OR LESS RESERVES THAN
REQUIRED IF AN ALTERNATIVE FUNDING METHOD HAS BEEN APPROVED
BY THE FLORIDA DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES..
AND MOBILE HOMES OF THE DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION; HEREBY DIRECTING THE CITY CLERK TO
DISTRIBUTE THE APPROVED RESOLUTION TO APPROPRIATE STATE AND
LOCAL OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERAB►LITY, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 2023-203, Laws of Florida, ("Chapter 2023-203"),
enacted in the 2023 Florida legislative session, is an act relating to condominium
and cooperative associations ; and
WHEREAS, Subsection 553.899(3), Florida Statutes (2023), requires
condominium and cooperative associations to conduct milestone inspections of
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January 10, 2024
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"each building that is three stories or more in height by December 31 of the year
in which the building reaches 30 years of age, based on the date the certificate of
occupancy for the building was issued, and every 10 years thereafter." ; and
WHEREAS, Section 2 of Chapter 2023-203 amended Subsection
553.899(3), Florida Statutes, to provide that a local enforcement agency may
determine that local circumstances, including environmental conditions such as
proximity to salt water... require that a milestone inspection must be performed by
December 31 of the year in which the building reaches 25 years of age, based on
the date the certificate of occupancy forthe building was issued, and every 10 years
thereafter ; and
WHEREAS, Section 2 of Chapter 2023-203 amended Subsection
553.899(3), Florida Statutes, to provide: If a building reached 30 years of age before
July 1, 2022, the building's initial milestone inspection must be performed before
December 31, 2024. If a building reaches 30 years of age on or after July 1, 2022,
and before December 31, 2024, the building's initial milestone inspection must be
performed before December 31, 2025. If the date of issuance for the certificate of
occupancy is not available, the date of issuance of the building's certificate of
occupancy shall be the date of occupancy evidenced in any record of the local
building official ; and
WHEREAS, Section 2 of Chapter 2023-203 amended Subsection
553.899(3), Florida Statutes, to provide that a local enforcement agency may extend
the date by which a building's initial milestone inspection must be completed upon
a showing of good cause by the owner or owners of the building that the inspection
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cannot be timely completed if the owner or owners have entered into a contract with
an architect or engineer to perform the milestone inspection and the inspection
cannot reasonably be completed before the deadline or other circumstance to justify
an extension ; and
WHEREAS, Subsection 718.112(2)(g), Florida Statutes (2023), requires
condominium bylaws to provide for "a structural integrity reserve study completed at
least every 10 years after the condominium's creation for each building on the
condominium property that is three stories or higher in height ... ; and
WHEREAS, Section 6 of Chapter 2023-203 amended Subsection
718.112(2)(f), Florida Statutes, to provide that, in a budget adopted by an
association that is required to obtain a structural integrity reserve study, reserves
must be maintained for the items identified in paragraph (g) for which the
association is responsible pursuant to the declaration of condominium, and the
reserve amount for such items must be based on the findings and
recommendations of the association's most recent structural integrity reserve study.
With respect to items for which an estimate of useful life is not readily ascertainable
or with an estimated remaining useful life of greater than 25 years, an association
is not required.to reserve replacement costs for such items, but an association must
reserve the amount of deferred maintenance expense, if any, which is
recommended by the structural integrity reserve study for such items ; and
WHEREAS, According to Section 6 of Chapter 2023-203, for a budget
adopted on or after December 31, 2024, the members of a unit -owner -controlled
condominium association that must obtain. a structural integrity reserve study may
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January 10, 2024
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not approve a budget that contains no reserves or reserves less than those
required for the items addressed in the structural integrity reserve study related to
the structural integrity and safety of the building, except that members of an
association operating a multicondominium may determine to provide no reserves or
less reserves than required if an alternative funding method has been approved by
the Florida Division of Florida Condominiums, Timeshares, and Mobile Homes of
the Department of Business and Professional Regulation ; and
WHEREAS, the possibility of an alternative funding method pursuant to
Chapter 2023-203 is limited to multicondominiums, or real property containing two
or more condominiums, all of which are operated by the same association that
operates at least 25 condominiums ; and
WHEREAS, Chapter 2023-203 does not relieve condominium associations
that operate condominiums that are smaller than a multicondominium of at least 25
condominiums from providing for reserves for the items listed in paragraph (g) of
Section 718.112(2), Florida Statutes (2023), which include the roof. load -bearing
walls or other primary structural members, floor, foundation, fireproofing and fire
protection systems, plumbing, electrical systems. waterproofing and exterior
painting, windows. and any other item that has a deferred maintenance expense
or replacement cost that exceeds $10,000 and the failure to replace or maintain
such item negatively affects the other items. in favor of an alternative funding method
and
WHEREAS, Section 14 of Chapter 2023-203 amended
subsection 719.106(1)0), Florida Statutes, to provide that, in a budget adopted by
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January 10, 2024
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an association that is required to obtain a structural integrity reserve study,
reserves must be maintained for the items identified in paragraph {k) for which the
association is responsible pursuant to the declaration, and the reserve amount for
such items must be based on the findings and recommendations of the
association's most recent structural integrity reserve study. With respect to items
for which an estimate of useful life is not readily ascertainable or with an estimated
remaining useful life of greater than 25 years, an association is not required to
reserve replacement costs for such items. but an association must reserve the
amount of deferred maintenance expense. if any, which is recommended by the
structural integrity reserve study for such items ; and
WHEREAS, According to Section 14 of Chapter 2023-203, for a budget
adopted on or after December 31, 2024, a unit -owner -controlled cooperative
association that must obtain a structural integrity reserve study may not determine
to provide no reserves or reserves less adequate than required for items
addressed in the structural integrity reserve study related to the structural integrity
and safety of the building ; and
WHEREAS, relief for condominium and cooperative unit owners, especially
those living on fixed incomes, is needed to ensure that special assessments do
not plunge economically vulnerable seniors and those earning less than the
median income level into housing insecurity ; and
WHEREAS, on July 25, 2023, Florida TaxWatch reported in "The
Taxpayer's Guide to Florida's FY2023-24 State Budget " that, [a)fter accounting for
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January 10, 2024
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all the spending in the General Appropriations Act and other substantive bills, the
state is expected to have $5.3 billion in unobligated General Revenue" ; and
WHEREAS, the City of Tamarac supports using a portion of the State's
unobligated general revenue as a potential funding source to assist condominium
and cooperative associations and economically vulnerable condominium and
cooperative unit owners who reside full-time in their units ; and
WHEREAS, the State of Florida should collaborate with lending and
financial institutions to provide financial assistance to condominium associations
that do not qualify for an alternative funding method ; and
WHEREAS, many lending and financial institutions have demonstrated their
commitment to improving communities through their community benefits programs
and
WHEREAS, many lending and financial institutions have an important role to
play in our communities, and partnerships with the County help ensure that they fulfill
that role for everyone ; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in
the best interests of the citizens and residents of the City of Tamarac to support
this resolution and directs the City Clerk to distribute this resolution to the
appropriate State and Local Officials.
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January 10, 2024
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: That the City Commission urges the Florida Legislature to
identify available funding sources that could be used to create a grant program or
low interest loan program or both, for condominium and cooperative associations
and economically vulnerable specially assessed condominium and cooperative
unit owners who reside full-time in their units, to defray the costs of deferred
maintenance and repairs arising out of milestone inspections and structural
integrity reserve studies.
SECTION 1 That the City Commission urges the Florida Legislature to
collaborate with lending and financial institutions to create programs that would
provide funding relief to condominium and cooperative associations and
economically vulnerable condominium and cooperative unit owners who are
specially assessed for the costs of deferred maintenance and rep airs arising out
of milestone inspections and structural integrity reserve studies.
SECTION 4: That the City Commission urges the Florida Legislature
to further amend Subsection 718.112(f), Florida- Statutes, so that associations
other than those operating a multicondominium may determine to provide no
reserves or less reserves than required if an alternative funding method is
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January 10, 2024
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identified by the Florida Legislature or approved by the Florida Division of Florida
Condominiums, Timeshares, and Mobile Homes of the Department of Business
and Professional Regulation.
SECTION 5: That the City Commission urges the Florida Legislature to
further amend Subsection 719.106(1) 0), Florida Statutes, so that cooperative
associations may determine to provide no reserves or less reserves than required
if an alternative funding method is identified by the Florida Legislature or approved
by the Florida Division of Florida Condominiums, Timeshares, and Mobile Homes
of the Department of Business and Professional Regulation.
SECTION 6: That the City Clerk is directed to distribute copies of this
Resolution to the City's state lobbyist, Governor Ron DeSantis, Senate President
Kathleen Passidomo, Speaker of the House of Representatives Paul Renner, the
Broward County Legislative Delegation, the Broward County Board of County
Commissioners, the Florida League of Cities, the Broward League of Cities,
Broward County municipalities, and any other interested parties
SECTION 7: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 8: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
SECTION 9: This Resolution shall become effective immediately upon
adoption.
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January 10, 2024
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PASSED, ADOPTED AND APPROVED this l()I� day of
Qlxll
ATTEST:
KIMBERL DiLLON, CMC
CITY CLERK
ICHELLE J.'GCYMEZ
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
DIST 1:
COMM. BOLTON
41E�5,
DIST 2:
V/M WRIGHT JR
`DES
DIST 3:
COMM. VILLALOBOS
`1ES
DIST 4:
COMM. DANIEL
\-E�
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
I[ANS OTTINOT
ITY ATTORNEY