Index

A. Engineering

i. Review Punch List

1. Improper Construction

a. Quality of Workmanship

b. Compliance with Code

c. Compliance with Permitted Plans

2. Improper Maintenance During Developer Control of Association vs. Normal Wear and Tear

ii. Review SFWMD Compliance

1. Improper Construction

2. Lack of Compliance with Permit

3. Lack of Maintenance During Developer Control of Association

iii. Review Development Order Compliance

iv. Review Other Permit Compliance

1. Preserves

v. Recommend Corrections/Compliance Issues

B. Legal

i. Review Application of 720 to Community Based on Incorporation Date

ii. Review Title Abstract and determine issues/problems

1. Prioritize pre-turnover vs. post-turnover resolution

iii. Review Development Order

iv. Review Governing Documents

1. Timing of Transition in Compliance with 720.

2. Recommend Amendments 

a. Pre-Turnover by Developer

b. Post-Turnover by Members

3. Retained Developer Rights and Compliance with 720.3075(1) which prohibits:

a. A Developer’s unilateral ability and right to make changes to the homeowners' association documents after the transition of homeowners' association control in a community from the Developer to the non-Developer members.

b. A homeowners' association is prohibited or restricted from filing a lawsuit against the Developer, or the homeowners' association is otherwise effectively prohibited or restricted from bringing a lawsuit against the Developer.

c. After the transition of homeowners' association control in a community from the Developer to the non-Developer members has occurred, a Developer is entitled to cast votes in an amount that exceeds one vote per residential lot. 

4. Consolidation/Merger of Stormwater Association with Master Association

5. Rule Enforcement

v. Identify Legal Issues/Rights re: Development of Community 

1. Gates

a. Does Developer Intend to Own after Turnover

2. Road Sharing with Commercial

a. Express Easement Rights

3. Promised Amenities

a. Quality

b. Type

c. Number

4. Bulk Cable

a. Developer Ownership of Equipment Post Turnover

5. Conveyance of Common Area or Other Real or Personal Property to Association

6. Review Punch List

7. Prioritize Addressing Issues with Developer

a. Prior to Turnover

i. Standing to Assert Rights

ii. Cost

iii. Need

iv. Developer’s Willingness to Address

b. After Turnover

c. Statutes of Limitations

d. Warranty Periods

e. Proposed Amendments to Governing Documents

vi. Attend Turnover Meeting

1. Review Documents/Records Produced at Turnover Pursuant to 720.307(3)

a.  All deeds to common property owned by the association.

b. The original of the association's declarations of covenants and restrictions.

c. A certified copy of the articles of incorporation of the association.

d. A copy of the bylaws.

e. The minute books, including all minutes.

f. The books and records of the association.

g. Policies, rules, and regulations, if any, which have been adopted.

h. Resignations of directors who are required to resign because the Developer is required to relinquish control of the association.

i. The financial records of the association from the date of incorporation through the date of turnover.

j. All association funds and control thereof.

k. All tangible property of the association.

l. A copy of all contracts which may be in force with the association as one of the parties.

m. A list of the names and addresses and telephone numbers of all contractors, subcontractors, or others in the current employ of the association.

n. Any and all insurance policies in effect.

o. Any permits issued to the association by governmental entities.

p. Any and all warranties in effect.

q. A roster of current homeowners and their addresses and telephone numbers and section and lot numbers.

r. Employment and service contracts in effect.

s. All other contracts in effect to which the association is a party. 

2. Obtain/Request Other Documents

a. As Built Plans

b. Schematics

3. Review Resignations

a. Does Developer Intend to Retain Board Seat?

4. Review Deeds Conveying Property To Association

5. Review Releases of Developer Rights if Any.

6. Does Developer Intend to Provide Audit?

7. Final Lift of Asphalt

C. Accounting

i. Review Developer Audit if Any

ii. Review Budget

iii. Review Financial Records of Association

iv. Review Developer Use of Association Funds prior to Turnover

v. Review Developer Guarantee

vi. Review of Collection of Assessments from Sold Units

vii. Review Current Assessment Delinquencies

viii. Reserves

D. Vendors/Contracts

i. Term, Price and Cancellation Provisions of Current Contracts

ii. Retain or Cancel Current Contracts based on quality of service or price