It’s Sanibel Susan, reporting that Dave, Elise, Lisa and I are counting down to the Independence Day holiday next week. Fingers crossed that some of the many vacationers arriving tomorrow want to view and buy real estate. The SanibelSusan Team is ready to help them, if they are.
The activity posted since last Friday in the Sanibel & Captiva Multiple Listing Service follows a few news items below.
4th of July Happenings on Sanibel
Pre-Parade All-You-Can-Eat Pancake Breakfast – 7 to 9 a.m. at Sanibel Community Church. Event is free with donations accepted to benefit the church’s Summit Christian Preschool Scholarship fund.
28th Annual Independence Day Parade – starts at 9:30 a.m. on Tarpon Bay Road in front of Bailey’s Center and travels down Periwinkle Way, ending at Casa Ybel Rd. Theme is “Wild About America”. Periwinkle Way closes at 9 a.m., so be sure and get to your favored parade-watching spot early. Good vantage points are in front of SanibelSusan Realty, both in the shade under the trees at City Park across the street or under the overhang in front of our office building. The office will be open.
Post-Parade Celebration – at Jerry’s Shopping Center, begins at 10:30 a.m.
39th Annual Road Rally – begins at noon from The Timbers parking lot. This automobile scavenger hunt has vehicles deployed every two minutes. Hosted by the Sanibel-Captiva Optimist Club, more info at their website www.sancapoptimist.org.
Fireworks Cruise – by Adventures in Paradise departs Sanibel Marina “G” dock at 7:30 p.m. Call 239-472-8443 for reservations.
Fireworks – at 9 p.m. rain or shine, from the end of Bailey Road out into the bay, above the causeway. Sponsored by the City of Sanibel.
Sanibel & Captiva Islands Association of Realtors July Membership Meeting
Yesterday at our local Association of Realtors® monthly breakfast meeting, staff from BIG ARTS gave members a quick preview of some artists scheduled to perform in the upcoming season. BIG ARTS is celebrating its 40th year with their calendar filling up. Tickets often are sold out to see big name bands, singers, and musicians, so it’s never too early to plan to attend those events. Check out their full schedule at www.BIGARTS.org. Many tickets go on sale this summer and can be purchased on-line. Beginning in January 2019, here are a few mentioned that caught my eye.
1/5 – Beginnings (Chicago tribute band)
1/12 – DePue Brothers Band (named Musical Family of America in 1989)
1/17 – Bumper Jacksons (7-piece band known for their roots jazz, country swing, & street blues)
1/30 – iLuminate (dance & acrobatic performance team featured on America’s Got Talent)’
2/2 – m-Pact “Signed, Sealed, Delivered” (often called one of the best pop-jazz vocal groups in the world)
2/22 – Judy Collins
3/16 – Live in Central Park Revisited (recreation of Simon & Garfunkel’s performances on 9/19/1981)
New Condo Association Laws Go Into Effect July 1
The below article by Attorney Richard D. DeBoest was posted on-line this week at FloridaRealtors®:
“July 2, 2018 – Question: We heard there were some new laws impacting condominium associations. Would you please give us a summary of the changes we need to know about? – B.T., Port St. Lucie
“Answer: Below is a summary of new laws as of July 1, 2018, applicable to condominiums:
- Official records – 718.111(12)(b)/HB841. Plans, permits, warranties, declaration, articles, bylaws, rules, meeting minutes and accounting records from the inception of the association must now be kept forever. Chapter 718 previously required these documents to be kept for only 7 years. All other records must still be kept for 7 years with exception of ballots, proxies and related voting material that only needs to be kept for 1 year.
- Access to official records – 718.111(12)(b)/HB841. Access to official records must be made available within 10 “working” days. Formerly it was 5 working days but since the penalty did not arise until after 10 working days effectively nothing has changed. Records must still be made available within 10 “working” days.
- Website creation – 718.111(12)(g)1/HB841. The requirement imposed in 2017 that condominiums (excluding timeshares) must create a website and post digital copies of most of its official records on its website by July 1, 2018, has been extended to January 1, 2019. The term “association” has been replaced by the term “condominium” thereby making it clear that multi-condominium associations that manage several condominiums each with less than 150 units but cumulatively 150 or more units are now exempt from the website requirement.
- Website records – 718.111(12)(g)2.e and g/HB841. A list of all bids in excess of $500 received by the association for materials, equipment or services within the past year must now be posted on the website if a website is required. Additionally, the “monthly income or expense statement” must be posted.
- Website records failure to post – 718.111(12)(g)4/HB841. The failure to post required records on the website is not sufficient to invalidate any action or decision of the association’s board or any committee.
- Board and members meeting notices on website – 718.112(2)(c)1 and (d)/HB841. In addition to sending and posting notices for board and members meetings by regular mail, the board may now adopt a rule to allow the posting of such notices on the website if a website is required. The rule must also require that an e-mail be sent to all owners who have requested electronic notice with a link to the posted notice.
- Term limits – 718.112(2)(d)2/HB841. The 2017 law limiting a director from serving no more than four consecutive two-year terms has been changed. The law now provides that regardless of the length of the term (one year or two years) a director cannot serve more than eight consecutive years unless no other eligible candidates run or at least 2/3 of those who vote approve the person to continue serving beyond eight consecutive years. The revised language also clarifies that if the governing documents so provide, directors may be elected to serve terms of more than two years each.
- Electronic notice – 718.112(2)(d)6/HB841. An owner who consents to electronic notice is solely responsible for removing or bypassing filters that block receipt of e-mails. This will prevent an owner from objecting to a lack of notice if the notice is stopped by the owner’s spam filter.
- Recalls – 718.112(2)(j)1/HB841. A director is recalled immediately at the conclusion of the board meeting held to consider the recall if the recall is deemed “facially valid.” Under the prior 2017 change in the law which created a number of procedural ambiguities, the director was apparently recalled even if the recall agreements were clearly insufficient in number to effectuate a recall. Note that a definition of “facially valid” is not provided.
- Recalls attorney fees – 718.112(2)(j)6/HB841. If a recalled board member files a petition for arbitration to challenge the recall and is successful, then the arbitrator may award reasonable attorneys’ fees and costs. If the board member is unsuccessful, the arbitrator may award the other party its attorneys’ fees and costs but only if the challenge is found to have been “frivolous.”
- Material alterations – 718.113(2)(a)/HB841. Clarifies that any material alteration or substantial addition to the common elements that requires owner approval must be approved before the work is commenced.
- Electronic vehicle charging – 718.112(8) and 718.121(2)/HB841. Allows unit owners to install electronic vehicle charging stations in their limited common element parking spaces under certain conditions and subject to certain requirements. Among other things, the owner must pay to install a separate meter and pay for the electricity. Further, the owner’s insurance must also name the association as an additional insured, and if the association’s insurance premium goes up as a result of the charging station, the owner must pay the increase. Moreover, if the owner fails to pay the contractor that installs the charging equipment, the contractor cannot file a construction lien against the association.
- Contracts with directors – 718.3026(3) and 718.3027(2)/HB841. The 2017 change in the law allowing an association to contract with a director under certain circumstances but allowing owners to void any such contract with a vote at the next members meeting was removed from 718.3026 and relocated to 718.3027.
- Fines and suspension committees/Payment of fine – 718.303(3)(b)/HB841. Provides that the fining committee has three members and that the members cannot be the “spouse, parent, child, brother, sister or employee” of any director. Formerly, the condominium law did not set the number of members and only prohibited board members and persons residing with a board member from being on the committee. Oddly, the new law removes the prohibition that a member of the committee cannot be residing with a director. If the committee approves the fine it must be paid within five days of the committee meeting. The association must give written notice of the fine or suspension after the committee approves it by mail or hand delivery.
“The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
“Editor’s note: Attorneys at Goede, Adamczyk, DeBoest & Cross, PLLC., respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
© 2018 Journal Media Group. Richard D. DeBoest II, Esq., is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.”
Sanibel & Captiva Islands Multiple Listing Service Activity June 22-29, 2018
3 new listings: Seashells #36 2/2 $380K, Sanibel Inn #3 2/1 $779K, Gulfside Place #123 2/2 $1.398M.
No price changes.
3 new sales: Sanibel Moorings #1611 2/2 listed at $489K, Seawind #A105 2/2.5 listed at $545K, Loggerhead Cay #483 2/2 listed at $549K.
3 closed sales: Sandpebble #4D 2/2 $420K, Sundial West #I404 1/1 $455K, Bougainvillea #B 3/3 $1.17M.
1 new listing: 4772 Tradewinds Dr 3/2.5 $819K.
15 price changes: 9248 Kincaid Ct 2/1 now $429K; 4542 Bowen Bayou Rd 3/2 now $499K; 3784 Coquina Dr 3/3 now $549,999; 1304 Sand Castle Rd 3/2 now $570K; 325 East Gulf Dr 1/1 now $575K; 396 Lake Murex Blvd 3/2 now $599K; 836 Donax St 3/2 now $599K; 5430 Osprey Ct 3/3 now $649K; 1043 Sand Castle Rd 3/2 now $749K; 5267 Ladyfinger Lake Rd 3/2 now $795K; 3941 Coquina Dr 3/2 now $929K; 3136 Twin Lakes Ln 3/2 now $945K; 478 Sea Oats Dr 3/3 now $1.145M; 500 Kinzie Island Ct 3/3 now $1.525M; 1206 Bay Dr 4/4.5 now $3.574M.
3 new sales: 1717 Atlanta Plaza Dr 2/2 listed at $440K, 3708 Coquina Dr 3/2 listed at $779K, 805 Lindgren Blvd 3/3 listed at $945K.
3 closed sales: 9471 Peaceful Dr 3/2 $432K, 9408 Moonlight Dr 3/2 $590K, 829 Pyrula Ave 3/3 $1.1001M.
1 new listing: 1292 Par View Dr $369K.
2 price changes: 4538 Bowen Bayou Rd now $239,999; 3354 Barra Cir now $379K.
2 new sales: 5723 Baltusrol Ct listed at $349K, 1036 Bayview Dr listed at $3.695M.
1 closed sale: 555 Piedmont Rd $200K.
No new listings.
1 price change: 48 Oster Ct 2/2.5 now $839K.
1 new sale: Beach Cottages #1408 2/2 listed at $1.16M.
1 closed sale: Marina Villas #610 2/2 $635K.
No new listings.
2 price changes: 48 Oster Ct 2/2.5 now $839K, 15735 Captiva Dr 4/5 now $6.795M.
No new sales.
1 closed sale: 16167 Captiva Dr 4/3 $1.465M.
Nothing to report.
This representation is based in part on data supplied by the Sanibel & Captiva Islands Association of Realtors® Multiple Listing Service. Neither the association nor its MLS guarantees or is in any way responsible for its accuracy. Data maintained by the association or its MLS may not reflect all real estate activity in the market. The information provided represents the general real estate activity in the community and does not imply that SanibelSusan Realty Associates is participating or participated in these transactions.
The SanibelSusan Team wishes you a wonderful holiday. Happy Birthday, America!T
Susan Andrews, aka SanibelSusan