Condominiums & Cooperatives – Jurisdiction Regarding the Condominium & Cooperative Acts

The Division of Florida Condominiums, Timeshares, and Mobile Homes (division) has authority to enforce the following laws: Chapter 718, Florida Statutes, known as the Condominium Act; and Chapter 719, Florida Statutes, known as the Cooperative Act.

The division also has authority to adopt administrative rules necessary to implement, enforce and interpret these laws. For condominiums, the rules can be found in Chapters 61B-15 through 61B-24, Florida Administrative Code. For cooperatives, the rules can be found in Chapters 61B-75 through 61B-79, Florida Administrative Code. In addition, Chapters 61B-45 and 61B-50, Florida Administrative Code, contain rules relating to arbitration of disputes. Chapter 61B-25 contains rules regarding lists maintained by division for volunteer and paid mediators.

In June of 1998, the division adopted administrative rules to implement its responsibility to ensure compliance with the provisions of Chapters 718 and 719, Florida Statutes. The resolution guidelines specify the action the division will take when accepted complaints are received. The rules provide for different treatment of violations by developers and violations by unit owner controlled associations, designate violations as either major or minor, provide for different methods of complaint resolution, discuss repeat violations and aggravating and mitigating factors, and provide for civil penalties. The resolution guidelines are found in:

• 61B-20.004 – 61B-20.006 – Resolution Guidelines for Condominium Developers
• 61B-21.001 – 61B-21.003 – Condominium Resolution Guidelines for Unit Owner Controlled Associations
• 61B-77.001 – 61B-77.03 – Resolution Guidelines for Cooperative Developers
• 61B-78.002 – 61B-78.004 – Cooperative Resolution Guidelines for Unit Owner Controlled Associations