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Lawyer Protocol for
Creating a Condominium

1.  Download the raw forms (compressed "zip" file).  Read the Florida Condominium Act (718 FS)

2.  Send an Initial Mailing to Developer: 

• Give Developer the Initial Questionnaire (Developer should complete and return the document so that the attorney has most of the information needed to complete the condo docs)
• If existing rental apartments are to be converted to condo
• Give Developer the developer information on conversions
  
• Also, give Developer the consumer protection info provided by the State regulators
• Give Developer the statutory requirements for the "Conditions report" that must be certified by an architect or engineer
• Provide Developer with a summary of plot plan, floor plans, and survey requirements. Instruct the Developer to begin working on these requirements

3.  Instruct the Developer to begin preparing the unit plans, floor plans, and condo survey

• A certified survey will need to be attached to the recorded Declaration of Condominium BUT it does not need to be included with the documents that you will submit to the Florida Department of Business and Professional Regulation (DBPR) for for approval, you should recommend to the Developer that they retain a surveyor early and to have the surveyor involved in preparing the plot plan, floor plan, etc. rather than relying solely on an architect (or the Developer's in house CAD software).  This will save the Developer money in the long run
  

• Advise the Developer to make sure that it's selected surveyor has condominium experience.

4.  For Conversions:  prepare the proposed "Notice of Intended Conversion" and then submit that document to the State for approval (by law, this notice must be given to all of the existing tenants (if any)

5.  Prepare the condominium documents for submission to the State (DBPR)

• One of the documents in the forms directory is a checklist where the attorney can keep notes on the progress being made in document preparation.. 

• The Declaration of Condominium does not need to be executed prior to submission. 

6.  Have the Developer select a 3rd party escrow agent

• An attorney or a title company is preferred. 
• The state will not allow you Developer to use one of its subsidiaries for this purpose.  
• Most title companies or attorneys will provide this service for free because they know that they will end up doing most of the title work when the individual condo units are sold.

7.  Have the selected escrow agent to sign the Escrow Deposit Agreement.

8.  Submit condo docs to the State for approval.

9.  Following submission the State will probably send you one or more "Notice of Deficiencies" that will require you to make revisions to the documents.

19.  Prepare disclosure packet that the Developer can copy to give to each of its buyers at the time the purchase contract is signed.  Give the documents to the Developer in both paper and digital (pdf) format

11.  Have the surveyor complete the Survey (if not done already) and have the surveyor sign the certification

12.  Incorporate the Association -

13.  Record the Declaration of condominium

• First, make sure that the document is fully executed.
• A required attachment is the executed articles of incorporation for the condo association.  Use the copy that that was returned by the State's Division of Corporation.
• Make sure that the survey and the surveyor's certification (orginal sealed copy) is attached.
• To record, follow these steps

• First got to Property Appraiser to get them to sign off
• then go to Tax Collector to pay all outstanding property taxes owing,
• Finally, record the document.

14.  Submit to the State DBPR Form 6000-1 (notice of recording Declaration)

15.  Complete initial organization of Condo Association

• Initially the developer can appoint 100% of the directors.  Appoint the directors by a document entitled "Consent of Incorporator" (which will be the first document in the minute book).
  

• Prepare draft minutes for the first meeting of the directors (this will serve as the agenda for the meeting) - after the actual meeting make any revisions to the draft that might be needed).
  

• At the first meeting the directors should

• adopt the budget
• authorize charging unit owners monthly assessments
• authorize the Association to eventually reimburse the developer for the payment of the first year's premium on the property (casualty) insurance.
• adopt the bylaws.
• appoint the officers

16.  After first the unit owner has been elected to board, send the notice to the State as required by FS 718.301(2) - informing DBPR name and address of unit owner director

17.  Developer Turnover of Control -

• Review the statututory requirements for turnover of control by developer to unit owners

• Assemble items needed to be turned over

• Click here for developer's affidavit - authenticity of Articles of Incorporation and bylaws
• Click here for developer's affidavit regarding Declaration of Condominium
• Click here for developer's affidavit regarding building plans and specifications.
• Click here - resignations of developer appointed directors

• Deliver items to an owner of a condominium unit (preferrably the Association's president).  Have the unit owner sign a receipt document