FL CAM License Exam Prep

Lilliam J. Torres
Florida Dec, 2014

Appurtenances
Accessory rights inherent
in ownership of property in an HOA
Undivided share in common elements, surplus, rights of
use of all easements. Memberships in the association and
full voting rights. Provision and definition of any club
members rights, regarding exclusive use of common
elements, common areas & common property by HOA
members.( exclusive use must be spelled out in documents)

The CAM
License/Statute Part 8 of Chap 468
Needed when Compensation is received
When the association contains more than 10

units, parcels or shares

When the annual budget is in excess of
100,000.

CAM Services

Controlling and disbursing Funds

Preparing budgets

Drafting meeting notices & agendas/Assisting in the noticing and conducting of Meetings

Determining amounts due to association

Collecting a mounts due to HOA before filing of civil actin

Calculating votes for a quorum & approving propositions to amendments

Preparing certificates of assessments/Estoppels

Negotiating contracts

Coordinating/performing maintenance of property

*There is no statutory requirement that an HOA engage a licensed manager or manager firm.

7. 5. 2
Regulatory Council

They set exam content

Do not get involved with discipline

7members. 5 licensed CAMs and 2 Lay persons

Licensed is good for 2 yrs. Begins in October, odd yrs and ends Sept 30,
even years.

MAXIMUM OF CONTINUED ED IS 10 HRS AFTER THE INITIAL YEAR

AFTER EACH LICENSED PERIOD IS 20 HRS

Covenants= Contract between 2

A commitment, agreement that grants rights or

imposes liability on the property or its owners.

They run with the land remain until the
community is terminated. All HOA have
termination clauses ( such as election, market
crash, natural disasters)

Differences In Properties
Condominiums=Joint ownership
Individual owns single unit. Shares joint ownership of
common elements
There is appurtenance to each unit/ and undivided share in
common elements
Membership in the HOA
10 Units+ 10 deeds
Chap 718 FS
Must engage ONLY a management licensee
Unlicensed management can pose a fine up to 5K
Condominiums were created by the concept that ppl didnt
retire. No concept of retirement.
A condo is created when the declaration is recorded with
clerk of circuit court, in public records and with county
where created
Has Common elements= Owned Jointly
& Limited Use= preserved for Specific Units

311
3 yrs warranty on structural component when getting the C of
O
1yr warranty after the HOA takes control
I yr warranty an all other improvements & materials fro date of
completion of structure
No warranty may extend past 5 yrs from the completion date.

Cooperatives
10 Units=1 Deed
Chap 71 9 FS

HOA
10 Properties= 10deeds
With title to specific parcel &
membership to HOA Chap 720 FS

Time Shares
NOT HOA
Mobiles Homes

Common Property= Common Areas

(association owns everything)
& limited Common areas are reserved for
exclusive use and benefits of specific units

Common Property

Condominium Business
Disclosure & Filing requirements
Prospectus

Developer must file copies of all

documents to be furnished to a buyer

Is a summary of all

accounts. It requires the

developer to pay 20.00 filing
fee for each unit offered
prior to accepting any
purchase contract

20.00 filing fee for each unit prior to

purchase contact acceptance

Resicion period- 15 days after signing

agreement( no Penalty)

Annual report with DBPR, Division of FL

condos, Time Shares & Mobil Homes,
and a 2.00 fee per unit by Jan 1st. Must
be a line item in budget

Part VI Conversions to Condos

Protection of Renters/ Get the first
option to buy( first refusal)

Protection to Purchaser
Developer must establish and fund
Reserve account for upkeep( Capital
expenditure)

Requires written notice of conversion

from developer to tenant
Provides the tenant the option to
extend the current rental agreement

If renting for 180days/6mo, may extend

lease for 270 days,

If less than 180 days, for 180 days

Acceptance must be within 45 days of

conversion notice

Post a surety bond in amount equal to

reserve required ( Bonding companies
pay and then bill developer)

Provide like new warranty

Condos depreciating cycle= 20 to 25 yrs

OMBUDSMAN
is a go between Government and the Governed
( a liaison)
Liaison between Division,
HOA Manager, Unit Owner
and Board of directors

The Power he/she holds

Access and Use of all files & records of DBPR

Appointed by Governor
Must be an attorney in FL

Employment of clerical staff

Prepares and issues reports & recommendations to

Governor, The Department, The Division, the HOA
Study Council, the President of the Senate, the
Speaker of House of Representatives, for legislation
relative to division procedures, rules, jurisdiction,
personnel and function

Ombudsman Continued
15% or 6 unit owners
May petition the

ombudsman to appoint an
election monitor to attend
annual meeting, to conduct
the election of directors

Obudsman acts as:

A neutral source for both

the rights and

responsibilities of unit
owners, associations
and board members

Records

Must be accessible to HOA Upon

request from Titan

Finances

( licensee Firm)
Reasonable notice shall not extend
latter than 10 days business days after
termination of Contract, upon written
request.

Manager may retain necessary records

up to 20 days in order to finalize
finances.If HOA prohibits the
withholding of records, the manager is
free from liability for the statement or
Report

Will not be commingled with

Firms finances

Cooperatives Chap 719 FS= One deed

The HOA holds the property
Legal title vested in the
HOA

The co-op is made up of 6 parts

Rights and Obligations of developers

Share holders lease the unit

The lease defines the rights of

use

Rights and Obligations of HOA

General Provisions

Special Type of Co op

Reg and Disclosure prior to its sale

Conversion to Coop/protection to
exisiting renters as for Condos

No Obudsman required

HOA Chap 720, FS

HOA

Developed by the Developer

Individual Parcels, residencies

Consist of:

Documents that govern the

community

Common areas owned by HOA

Administration of common areas

and enforcement of governing
documents

The Declaration is the document

w/highest Priority. It elaborates
on Covenants

Recorded with Clerk of

Circuit Court

In public Records

In the County where the

association and property
is located

Declaration Vs Covenants
The Declaration ( HOA and Condos)
Establishes rights responsibilities, and
regulations for owners and guests

Establishes easements for ingress and egress to

common areas & indv units or parcels

The Covenants

Defines financial obligations of owner

Grants a right or imposes a liability on

he property & owner

Gives binding authority to the Board

Provides for maint. & upkeep of common

elements

Creates & defines appurtenances( rights that go

w/property

Exhibits of declaration: Plot/Survey, By laws and

article of incorporation.

Contract between 2 parties.

Commitment, agreement

Run w/the land

Permanent restrictions/ remain

effective until the comm is terminated.

In a Cooperative
The Declaration is a Different type of ownership

Declaration
The documents recognizing a unit owners title/ or right of

possession to his or her unit.

718. F.S. Condo

719. F.S. COOP

720. F.S.

HOA

721. F. S. Time Share

723. F.S. Mobil Home

HOA
Created by the developer when the
declaration of covenants is recorded
with the clerk of circuit court

Vacation and Time Shares.

Mobil Home Act

An HOA Consist of:

Parcels or residences

10 day recession period. No penalty

Documents that govern the community,

The Common areas owned by the
association, and enforces the
governing documents

The declaration, Articles of

incorporation and by laws create an
elaborate contract among the owners
in the HOA
Covenants impose financial obligations
on the owners which pass with
property to subsequent owners.

Multiple owners during one year

No board: Managed by entity defined
by time share act. The developer, a
manger or firm and owner association.
Not a Community Association

If a time share is a condo, coop or

HOA, it must also comply with 718,
719 or 720, in addition to Time share
act.

Time shares must file an annual report

with Division of FL Condo, Time
shares and Mobile Homes. Must be
file in Jan of each yr.
A fee of 2.00 for each 7 days of use
availability, to the DPR. Fee must be a
line Item. A time share must be
authorized by the declaration of
condo.

Any residential Tenancy in which a

mobile home park in which 10 or
more lots are offered for rent or
lease
Ignore 720 in test. Will be used as
distraction

Property Type
Days advance
notice

Coop

Condo

Assessment
establishment
Intent to lien
notice
Election of
directors

Membership
meeting
Written request
for access to
official records

1st Notice is=60

days/2 mo
2nd Notice is 14
days/along
with meeting
notice
48 hours/days
5 business
days/1week

Time
Shares

HOAs