Condo and Coops - DBPR Statutes and Rules

The Florida Department of Business and Professional Regulation (DBPR) oversees condominiums and cooperatives, ensuring their compliance with the specific statutes and rules.

Statutes: The primary legal framework for condominiums and cooperatives in Florida is provided by the Florida Statutes:

  1. Condominiums: Chapter 718 of the Florida Statutes, known as the "Condominium Act." It covers the creation, operation, and governance of condominium associations.

  2. Cooperatives: Chapter 719 of the Florida Statutes, known as the "Cooperative Act." It similarly addresses the establishment, operation, and governance of cooperative associations.

Administrative Rules: The DBPR, through the Division of Florida Condominiums, Timeshares, and Mobile Homes, has established rules in the Florida Administrative Code (FAC) that provide further details and guidance on the statutes:

  1. Condominiums: The FAC has multiple chapters under 61B that pertain to condominiums. Some examples include:

    • 61B-15 through 25, 45 and 50: These chapters typically cover matters such as the rights and responsibilities of unit owners, operation of the association, and specifics about developer disclosure.

  2. Cooperatives: The FAC also provides specifics for cooperatives:

    • 61B-75 through 79: These chapters generally dive into the operations of cooperatives, detailing items like governance, financial obligations, and rights of members.

It's worth noting that these administrative rules are there to supplement the statutes. They provide further clarification, specify processes, and elaborate on details that might be summarized or briefly mentioned in the statutes.

For those involved in the operation, governance, or even just residing in a condominium or cooperative, having a clear understanding of both the relevant statutes and rules is crucial. Not only do they outline the rights and responsibilities of all involved parties, but they also provide the framework for resolving disputes, managing finances, and maintaining the community's standards.

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