In the week or so since my last entry, I’ve been contacted by managers and board members from several resident owned cooperatives who have received notices about the new recent requirement for mandatory homeowners associations to register with the State.
I want to clarify that condominium associations formed under Florida Statute Chapter 718 and cooperative associations formed under Florida Statute Chapter 719 do not have to worry about this new requirement as these associations have already registered with Florida’s Department of Business and Professional Regulation.
The new registration requirements apply to mandatory homeowners associations governed by Chapter 720 of the Florida Statutes –not condominiums or cooperatives.
I’d suggest that a manager or board member of any condominium or cooperative association that receives one of these notices contact his or her attorney and provide that attorney with a copy of that notice. Other than the DBPR’s press release, which was included in my last entry, I don’t know of any other official notice that would be sent by the State and I’m concerned that one or more enterprising services may be offering to "help" an unsuspecting community register (for a fee, or course) even if the community is not required to do so.
Several of the resident owned cooperative associations we work with have the phrase "homeowners association" in their corporate name. Those associations are nonetheless still cooperatives governed under Chapter 719 regardless of the fact that their unit owners refer to themselves as members of a "homeowners association".
When it comes to some cooperatives (as well as some condominiums and non-mandatory homeowners associations), a rose by any other name may still be a rose.
Again, if you have any questions about whether these new registration requirements apply to your association, please contact your association’s attorney.