FIRE SPRINKLER RETROFITTING
Overview
The unit owners in a residential “high-rise” condominium or cooperative building are permitted to “opt-out” of the requirement that the building and units have a fire sprinkler system by December 31, 2019. The term “high-rise building” means a building that is greater than 75 feet in height. The building height is measured from the lowest level of fire department access to the floor of the highest occupiable level.
Required Vote/Deadline (Section 718.112(2)(l) and Section 719.1055(5), Florida Statutes)
A majority of all voting interests in the affected condominium or cooperative may vote to forego retrofitting no later than December 31, 2016.
By December 31, 2016, a residential condominium or cooperative association that is not in compliance with the requirements for a fire sprinkler system and has not voted to forego retrofitting, must initiate an application for a building permit for the required installation with the local government having jurisdiction, demonstrating that the association will become compliant by December 31, 2019.
Procedure
Association must use a limited proxy, ballot or written consent.
14 days’ notice (mailed or hand-delivered – electronic notice is not permitted).
Certificate of “opt-out” must be recorded in the Public Records.
Notice of results of vote must be mailed or hand-delivered to all owners within 30 days of vote. Affidavit must be executed by the person providing notice.
An owner must provide notice of the vote results to a buyer before closing or to tenant before signing a lease.
Even if owners have voted to forego retrofitting, a vote to require retrofitting may be obtained at a special meeting called by petition of at least 10% of the voting interests. Such vote may only be called once every 3 years.
The Division of Florida Condominiums requires that the association report the membership vote and recording of the certificate. If retrofitting has been undertaken, the association must provide the Division with the per-unit cost.
