Kitchen appliances within the units are not considered part of the common elements of a inium project since they are typically owned and maintained by individual unit owners. Swimming pools and greenbelt areas are examples of common elements as they are shared facilities within the inium project.
It does not apply to associations. However, Florida's housing statutes have their own “sunshine laws.” These statutes are Chapter 718 of the Florida Statutes for iniums, Chapter 719 for cooperatives, and Chapter 720 for homeowners' associations.
Section 718.112(2)(c) of the Florida inium Act provides that notice of all board meetings must specifically identify agenda items, and must be posted conspicuously on the inium property at least 48 continuous hours before the meeting, except in an emergency.
The state law, passed in 2022, requires associations to have sufficient reserves to cover major repairs.
The records of the association shall be made available to a unit owner within 45 miles of the inium property or within the county in which the inium property is located within 10 working days after receipt of a written request by the board or its designee.
First, let us look at the inium law. Section 718.112(2)(c), Florida Statutes, provides that meetings of the board are open to all unit owners, who may tape record or videotape such meetings. The law states that unit owners have the right to speak at such meetings on all designated agenda items.
The three basic requirements of the Sunshine Law are: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken.
The Act defines a inium as “that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements.” As the shares are undivided, the separate ...
Since HOA meeting requirements, as stipulated in most governing documents, only allow members whose names appear on the title, that typically means spouses, tenants, and attorneys of members can't attend.