ASSOCIATION RETROFITTING REQUIREMENTS
The retrofitting requirements for condominium and homeowner associations.
Florida Statute 718.1085 and Florida Administrative Code 61B-23.002 disclose the retrofitting requirements for condominium and homeowner associations.
By December 31, 2016, a residential condominium association that is not in compliance with the requirements for a fire sprinkler system and has not voted to forego retrofitting of such a system 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.
An association, residential condominium, or unit owner is not obligated to retrofit the common elements, association property, or units of a residential condominium with a fire sprinkler system in a building that has been certified for occupancy by the applicable governmental entity if the unit owners have voted to forego such retrofitting by the affirmative vote of a majority of all voting interests in the affected condominium.
A vote to forego retrofitting may be obtained by limited proxy or by a ballot personally cast at a duly called membership meeting, or by execution of a written consent by the member, and is effective upon recording a certificate attesting to such vote in the public records of the county where the condominium is located.
A certificate of compliance from a licensed electrical contractor or electrician may be accepted by the association’s board as evidence of compliance of the condominium units with the applicable fire and life safety code.
Each association that votes to forego retrofitting of the common elements, association property, or units of a residential condominium with a fire sprinkler system, or the common elements or units of a residential condominium with handrails or guardrails, shall report the voting results and certification information for each affected condominium to the division on DBPR Form CO 6000-8, RETROFITTING REPORT FOR CONDOMINIUMS.
If retrofitting has been undertaken by a residential condominium, the association shall report the per-unit cost of such work to the division on DBPR Form CO 6000-8. DBPR Form CO 6000-8 must be filed with the division within 60 days of recordation of the retrofitting waiver certificate in the public records where the condominium is located or upon commencement of the retrofitting project. DBPR Form CO 6000-8 may be obtained by writing the division at 1940 North Monroe Street, Tallahassee, Florida 32399-1030. The division shall prepare separate reports of information obtained from associations relating to the waiver of a fire sprinkler system and the waiver of handrails and guardrails and deliver the reports to the Division of State Fire Marshal of the Department of Financial Services no later than August 1 of each year.
