61B-79.001. Developer, Filing  


Effective on Sunday, June 10, 2007
  • 1(1) In determining whether a developer has offered a contract for sale or lease pursuant to Section 18719.502(2), F.S., 20it shall be relevant although not dispositive, whether and the extent to which the developer advertised, induced, solicited, or attempted to encourage any person to acquire an interest in a cooperative unit, either proposed or existing, if undertaken for gain or profit.

    62(2)(a) Except in the case of a reservation program, a developer of a residential cooperative shall file with the division one copy of each document required by Sections 90719.503 91and 92719.504, F.S. 94The filing shall occur at the time the cooperative is created, or prior to any offering of a cooperative unit to the public, whichever occurs first. As to conversions from mobile home parks to cooperatives, the association must file with the division as provided in Section 140723.079(10), F.S.

    142(b) A developer shall file, prior to offering, either pursuant to a reservation agreement or contract for purchase, proof of the developer’s ownership, contractual, or leasehold interest in the land upon which the cooperative is to be developed. For purposes of this rule, the division shall accept a signed written statement from the developer or the developer’s attorney describing the developer’s interest in the land upon which the cooperative is to be developed. The signature of the developer or the developer’s attorney constitutes a certificate that they have read the statement and, to the best of their knowledge, information, and belief formed after reasonable inquiry, the statement accurately describes the developer’s interest in the land.

    257(3) Upon receipt of a developer’s filing, the division will review the filing pursuant to these Rules. When a filing is determined to be in correct form pursuant to Rule 28761B-79.002, 288F.A.C., offerings to the public may be made pursuant to the statute and these Rules. Until the developer prepares and delivers to a purchaser and to the division documents that comply with the Cooperative Act and these rules and the division notifies the developer that the filing is proper or is presumed proper pursuant to Rule 34461B-79.002, 345F.A.C., the developer shall not close on any contract for sale or contract for a lease period of more than five years.

    367(4) Each developer shall submit with its filing a completed Frequently Asked Questions and Answers Sheet substantially conforming to DBPR Form CO 6000-33-037, FREQUENTLY ASKED QUESTIONS AND ANSWERS SHEET FOR COOPERATIVE ASSOCIATIONS, incorporated herein by reference and effective 1/98. (This form, as well as all forms referenced in these Rules, may be obtained by writing the Department of Business and Professional Regulation, 429Division of Condominiums, Timeshares, and Mobile Homes, 4362601 Blair Stone Road, Tallahassee, Florida 32399-1030.) The answers to the questions may be summary in nature, in which case the answers shall refer to identified portions of the cooperative documents.

    467(5) Any document required to be delivered to a prospective buyer or lessee pursuant to Section 483719.503 484or 485719.504, F.S., 487which describes the developer’s (or other person’s) right to retain control of the association shall recite the provisions of Sections 507719.301(1)(a)-508(e), F.S., regarding turnover of control of the association. This disclosure requirement shall not prohibit a developer from providing in the document for turnover to the unit owners other than the developer at an earlier point than the maximum time period set forth in Section 553719.301, F.S.

    555(6)(a) Upon recording the cooperative documents as defined in Section 565719.1035(1), F.S., 567or recording amendments adding phases as defined in Section 576719.403(7), F.S., 578the developer or the association shall file the incorporation and recording information with the division within 30 working days on DBPR Form CP 6000-2, NOTICE OF COOPERATIVE INCORPORATION/RECORDING INFORMATION, incorporated in this rule and effective 6-10-07. Any person may request a copy of the form, as well as all forms referenced in these rules, by sending a written request to the 639Department of Business and Professional Regulation, 645Division of Condominiums, Timeshares, and Mobile Homes, 6522601 Blair Stone Road, Tallahassee, Florida 32399-1030659.

    660(b)1. If the developer or the association has not already filed and the division has not reviewed and approved the recorded documents under subsections (2) and (3) of this rule and Sections 692719.502, 693719.503, 694and 695719.504, F.S., 697prior to recording, then the developer or association shall submit a complete copy of the recorded documents with DBPR Form CP 6000-2, NOTICE OF COOPERATIVE INCORPORATION/RECORDING INFORMATION; or

    7252. If the division has already reviewed and approved the recorded documents, then the developer or the association shall only file the form.

    748Rulemaking Authority 750719.1035(1), 751719.501(1)(f) FS. 753Law Implemented 755719.1035(1), 756719.403(7), 757719.502, 758719.503, 759719.504 FS. 761History–New 1-8-98, Amended 6-10-07.

     

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