Fla. Stat. § 720.406

Department of Commerce; submission; review and determination.

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Statutory text

Within 60 days after obtaining valid written consent from a majority of the affected parcel owners, or within 60 days after the date the proposed revived declaration and other governing documents are approved by the affected parcel owners by vote at a meeting, the organizing committee or its designee must submit the proposed revived governing documents and supporting materials to the Department of Commerce to review and determine whether to approve or disapprove of the proposal to preserve the residential community. The submission to the department must include: (a) The full text of the proposed revived declaration of covenants and articles of incorporation and bylaws of the homeowners’ association. (b) A verified copy of the previous declaration of covenants and other previous governing documents for the community, including any amendments thereto. (c) The legal description of each parcel to be subject to the revived declaration and other governing documents and a plat or other graphic depiction of the affected properties in the community. (d) A verified copy of the written consents of the requisite number of the affected parcel owners approving the revived declaration and other governing documents or, if approval was obtained by a vote at a meeting of affected parcel owners, verified copies of the notice of the meeting, attendance, and voting results. (e) An affidavit by a current or former officer of the association or by a member of the organizing committee verifying that the requirements for the revived declaration set forth in s. 720.404 have been satisfied. (f) Such other documentation that the organizing committee believes is supportive of the policy of preserving the residential community and operating, managing, and maintaining the infrastructure, aesthetic character, and common areas serving the residential community.

Within 60 days after receiving the submission, the department must determine whether the proposed revived declaration of covenants and other governing documents comply with the requirements of this act. (a) If the department determines that the proposed revived declaration and other governing documents comply with the act and have been approved by the parcel owners as required by this act, the department shall notify the organizing committee in writing of its approval. (b) If the department determines that the proposed revived declaration and other governing documents do not comply with, or have not been approved as required by, this act, the department shall notify the organizing committee in writing that it does not approve the governing documents and shall state the reasons for the disapproval.

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Department of Commerce; submission; review and determination.

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