Jump to Navigation

Understanding how association control is transferred

When developers in the Miami-Dade area build a condominium complex, there comes a time when they have to transfer over the control of the association to the members. The Florida Legislature states that there are several guidelines that apply to what the developers need to provide to the association and when the transfer is completed.

The developer is responsible for turning over all pertinent information about the association and this includes the following:

  •          Bylaws
  •          Financial records
  •          Contact information for all employees of the association, including contractors
  •          Government permits
  •          Property deeds

In addition, the association is legally entitled to receive all existing contracts that concern it. The developer is required to turn over this information to the association within 90 days of the association members having the power to “elect at least a majority of the board of directors” for the association.

During the setup phase, the developer has the right to elect members to the association’s board of directors. However, the state’s law sets out conditions under which, members can make their own elections. Bankruptcy is one of those conditions. The association is given the power to take control after the court appoints a receiver, but the court can rule against this if it decides that the association would be harmed by such an action. The association will also receive control if the property becomes the subject of a foreclosure action or in other circumstances concerning the conveying of parcels to the association members. To learn more about this subject, please visit our web page.

No Comments

Leave a comment
Comment Information
  • facebook
  • facebook
  • twitter
  • Google+

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Cuevas, Garcia & Torres, P.A.
Attorneys at Law

Miami
7480 S.W. 40th Street
Suite 600
Miami, FL 33155
Toll Free: 877-801-4135
Phone: 305-461-9500
Fax: 305-448-7300
Map and Directions

Midtown Miami
3401 North Miami Avenue 
Suite 209
Miami, FL 33127 
Map and Directions

FindLaw Network