ASSOCIATION DEADLINE PERTAINING TO FIRE SPRINKLERS

Jason B. Goldman • February 8, 2016
ASSOCIATION DEADLINE PERTAINING TO FIRE SPRINKLERS

Important notice for Charlotte County condominiums and Charlotte County cooperative associations.

A deadline is rapidly approaching regarding a condominium or cooperative association’s need to install a fire sprinkler system.  If a condominium was constructed without a fire sprinkler system and the unit owners have not elected to forego retrofitting, then the condominium association must retrofit the building with a fire sprinkler system that is code compliant no later than January 1, 2020.  The vote to forego retrofitting if the association is not in compliance with the requirements for a fire sprinkler system is December 31, 2016.  By that date, the association must initiate an application for a building permit for the required installation with the local government authority having jurisdiction over same demonstrating the association will be compliant by January 1, 2020.

Section 718.112(2)(l) of the Florida Statutes outlines the procedure for condominium associations to forego the retrofitting requirement.

  • 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 of attesting to such vote in the public records of the county where the association is located.  A majority of all voting interests of the association must affirmatively vote in favor of opting out of the retrofitting requirements.The association shall mail or hand deliver to each unit owner written notice at least fourteen (14) days before the membership meeting at which the vote to forego retrofitting of the required fire sprinkler system is to take place.Within thirty (30) days after the association’s opt out vote notice of the results of the opt out vote must be mailed or hand delivered to all of the unit owners.Evidence of compliance with this notice requirement must be made by affidavit executed by the person providing the notice and filed among the official records of the association.
  • After notice is provided to each owner, a copy must be provided by the current owner to a new owner before closing by a unit to a renter before signing a lease.
  • If there has been a previous vote to forego retrofitting, a vote to require retrofitting may be obtained at a special meeting of the unit owners called by a petition of at least ten percent (10%) of the voting interests.  Such a vote may only be called once every three (3) years.  Notice shall be provided as required for any regular called meeting of unit owners and must state the purpose of the meeting.  An electronic transmission may now be used to provide notice of a meeting called in whole or in part for this purpose.
  • If the association votes to forego retrofitting of the common elements for the fire sprinkler system within sixty (60) days from recording the certificate it must report the voting results and certificate information to the Division of Florida Land Sales, Condominiums and Mobile Homes.  The Department of Business and Professional Regulation provides Form CO 6000-8 for this purpose.
  • If the association does not waive retrofitting requirements, it must report the per unit cost of the retrofitting to the Division of Florida Land Sales, Condominium and Mobile Homes.  Retrofitting information is collected by the Division is then reported to the State Fire Marshall on an annual basis.

Similar provisions for cooperative associations are provided in Florida Statute §719.1055(5).  However, the deadline to become compliant if a vote to vote to opt out of the retrofitting requirement is December 31, 2019, as opposed to the January 1, 2020 date for condominium associations.  Also, the form for retrofitting report for cooperatives provided by the Department of Business and Professional Regulation is found at Form CP 6000-1.

Please note there is not a distinction in Florida Statute §719.1055 for mobile home cooperatives as opposed to high rise cooperatives.  Therefore, cooperative associations should seriously consider either compliance with the installation of a fire sprinkler system or voting to opt out of the retrofitting requirement.

As to both condominium and cooperative associations the decision to vote to forego retrofitting should be carefully considered.  In addition to the obvious fire hazard and safety risks, the association’s insurance premiums could be affected by the decision to forego retrofitting.

This blog entry is general in nature and should not be substituted for obtaining the advice of association’s counsel regarding retrofitting and the potential vote to opt out of same.

Share This Post:

What To Do If You Hit a Parked Car in Charlotte County

By Jason B. Goldman • April 9, 2025
Accidents can happen in the blink of an eye—even when no one else is around. If you’ve accidentally hit a parked car, whether in a busy grocery store lot or a quiet street in Charlotte County, it’s important to stay calm, take responsibility, and follow the proper legal steps. 1. Stop Immediately Florida law is clear: leaving the scene of any accident involving property damage—even if the vehicle was unoccupied—is a crime. Pull over safely and remain at the scene. Leaving without following the proper steps could result in a misdemeanor charge. 2. Make a Reasonable Effort to Locate the Owner If the owner of the parked car is nearby, wait and exchange contact and insurance information. If you’re in a business parking lot, you may ask inside to see if they can make an announcement. If you’re unable to find the owner, don’t panic—there’s a legal alternative. 3. Leave a Written Note Florida law requires that you leave a note in a visible spot on the damaged vehicle. Include your name, address, phone number, your auto insurance policy number, and a brief explanation of the accident. Be brief, honest, and straightforward. This shows good faith and helps prevent the situation from escalating into legal trouble later. 4. Report the Incident If the damage is significant or you’re unsure about the extent, contact the Charlotte County Sheriff’s Office or local law enforcement to file a report. Many insurance companies also require an official report for claims involving property damage. 5. Document the Scene Take photos of the damage to both vehicles, the location, and any contributing factors (such as obstructions or narrow parking spaces). This documentation will be valuable if questions arise from the other party or your insurer. 6. Notify Your Insurance Company It’s best to be proactive. Even if the other vehicle’s owner hasn’t contacted you yet, inform your insurance provider of the incident. They can walk you through the claims process and help assess any potential liability. Protecting Yourself Legally Accidents involving parked cars might seem minor, but they can quickly turn into legal headaches if not handled properly. In Charlotte County and throughout Florida, taking the right steps after a minor accident can protect you from costly penalties and keep the situation civil. Have Questions? We're Here to Help. At Goldman, Tiseo & Sturges, P.A. , we understand that even the smallest incidents can carry serious consequences. If you’ve been involved in an accident—or if someone damaged your parked car and left the scene—our experienced legal team is here to guide you. We proudly serve clients throughout Charlotte County and are committed to protecting your rights.  Contact us today for a consultation. (941) 625-6666

Understanding Premises Liability in Florida

By Jason B. Goldman • April 9, 2025
In Florida, property owners, including grocery stores, are legally obligated to maintain safe premises for their patrons. This duty falls under the concept of premises liability, which holds property owners accountable for accidents resulting from unsafe conditions on their property. ​ Common Causes of Grocery Store Slip and Fall Accidents Several factors can contribute to slip and fall incidents in grocery stores: Wet Floors: Spills, recent mopping, or water tracked in from outside can create slippery surfaces Obstructed Aisles: Items left in walkways or cluttered aisles can pose tripping hazards.​ Poor Lighting: Inadequate lighting may prevent customers from noticing potential dangers. Uneven Surfaces: Mats that are not properly secured or abrupt changes in floor levels can lead to falls. Establishing Negligence To hold a grocery store liable for a slip and fall injury, you must prove that the store was negligent. This involves demonstrating that:​ Duty of Care: The store had a responsibility to ensure a safe environment for its customers.​ Breach of Duty: The store failed to address or warn about a hazardous condition.​ Causation: This failure directly resulted in your accident and subsequent injuries.​ Damages: You suffered actual damages, such as medical expenses or lost wages, due to the injury.​ Steps to Take After a Slip and Fall Incident If you experience a slip and fall in a grocery store, consider the following actions: Seek Medical Attention: Your health is the top priority. Ensure you receive appropriate medical care.​ Report the Incident: Inform the store management about the accident and ensure it's documented.​ Gather Evidence: Take photographs of the hazard, your injuries, and collect contact information from any witnesses.​ Consult a Personal Injury Attorney: An experienced attorney can guide you through the legal process and help determine the viability of your claim.​ How Goldman, Tiseo & Sturges Can Assist At Goldman, Tiseo & Sturges, P.A., we understand the complexities of premises liability cases. Our dedicated team is committed to advocating for your rights and ensuring you receive the compensation you deserve. If you've been injured in a slip and fall accident, contact us for a consultation to discuss your case and explore your legal options.

What to Do After a Hit-and-Run Accident in Charlotte County, Florida

By Jason B. Goldman • March 10, 2025
A hit-and-run accident can be a terrifying experience, leaving victims injured and unsure of their next steps. In Charlotte County, where thousands of these incidents occur each year, knowing how to respond can make all the difference in protecting your rights and securing the compensation you deserve. Immediate Steps to Take After a Hit-and-Run If you’ve been the victim of a hit-and-run accident, taking the right actions is crucial for your safety and legal case: Ensure Your Safety – If possible, move to a safe location and check yourself and any passengers for injuries. Call 911 – Reporting the accident to law enforcement is essential. A police report will serve as vital evidence in your case. Gather Information – Take note of anything you can remember about the fleeing vehicle, including its make, model, color, license plate (if visible), and direction of travel. Document the Scene – Capture photos of your vehicle, the surrounding area, and any damages or injuries. Look for Witnesses – If anyone saw the accident, get their contact information. Their testimony may help law enforcement track down the driver. Seek Medical Attention – Even if you feel fine, some injuries may not be immediately apparent. Seeing a doctor helps document your condition for any future claims. Notify Your Insurance Company – Florida law requires drivers to carry Personal Injury Protection (PIP) insurance, which may cover some of your medical expenses. However, navigating insurance claims can be complex, so proceed with caution. Consult a Personal Injury Attorney – An experienced attorney can help you explore all legal options, including uninsured motorist coverage or pursuing other avenues for compensation. Understanding Charlotte County Hit-and-Run Laws Under Florida law, leaving the scene of an accident is a serious offense. If the driver is identified, they may face criminal charges, including fines, license suspension, and even imprisonment. Victims of hit-and-run accidents in Charlotte County have legal options, but proving fault and securing fair compensation requires strategic legal guidance. How GTS Law Firm Can Help At GTS Law Firm, we understand the complexities of hit-and-run cases and are committed to fighting for the rights of accident victims in Charlotte County. Our team will investigate your case, gather evidence, and advocate for the compensation you deserve for medical expenses, lost wages, and pain and suffering. If you or a loved one has been injured in a hit-and-run accident in Charlotte County, don’t navigate the legal process alone. Contact GTS Law Firm today for a consultation and let us help you secure justice. (941) 625-6666

Recreational Vehicle Accidents in Florida: Understanding Your Legal Rights

By Jason B. Goldman • March 10, 2025
Florida’s beautiful landscapes and year-round sunshine make it an ideal destination for recreational vehicle (RV) enthusiasts. Whether you’re driving an RV, riding an ATV, or operating a personal watercraft, these activities come with risks. When accidents happen, understanding your legal rights is crucial to ensuring you receive the compensation and support you deserve. Common Causes of Recreational Vehicle Accidents Recreational vehicle accidents can occur for a variety of reasons, including:  Driver Negligence – Speeding, distracted driving, or operating a vehicle under the influence significantly increases the risk of an accident. Lack of Proper Training – Many recreational vehicles require specialized knowledge to operate safely. Inexperience can lead to serious crashes. Mechanical Failures – Poor maintenance or defective parts may contribute to accidents, making manufacturers or rental companies potentially liable. Dangerous Road or Waterway Conditions – Unmaintained roads, unexpected debris, or hazardous weather conditions can create dangerous situations for recreational vehicle operators. Who is Liable in a Recreational Vehicle Accident? Determining liability in a recreational vehicle accident depends on the circumstances surrounding the crash. Possible responsible parties may include: The Operator – If reckless or negligent behavior caused the accident, the driver may be held liable. The Vehicle Manufacturer – If a defect or mechanical failure contributed to the accident, the manufacturer could be responsible. A Rental Company – If the RV or recreational vehicle was not properly maintained, the rental company may be at fault. Another Negligent Party – Other motorists, property owners, or even local municipalities may bear responsibility if their actions contributed to the accident. Steps to Take After a Recreational Vehicle Accident If you or a loved one has been involved in a recreational vehicle accident, taking the right steps can protect your legal rights: Seek Medical Attention – Your health and safety come first. Even if injuries seem minor, getting checked by a medical professional is crucial. Document the Accident – Take photos of the scene, the vehicle(s) involved, and any visible injuries. Collect contact information from witnesses. Report the Incident – Notify the appropriate authorities, such as law enforcement or park officials, depending on where the accident occurred. Avoid Speaking with Insurance Adjusters Alone – Insurance companies may try to minimize your claim. Consult an attorney before providing statements. Contact a Personal Injury Attorney – An experienced lawyer can help assess your case, determine liability, and pursue the compensation you deserve. How GTS Law Firm Can Help At GTS Law Firm, we understand the complexities of recreational vehicle accident claims. Our team is dedicated to advocating for victims and ensuring they receive the financial support necessary for medical bills, lost wages, and pain and suffering. If you or a loved one has been injured in a recreational vehicle accident, don’t navigate the legal process alone. Contact GTS Law Firm today for a consultation and let us help you protect your rights. (941) 625-6666
Share by: