LTC 337-2021 CITY OF HALLANDALE ORDINANCES NO. 2020-013 AND 2021-005MIAMI BEACH
OFFICE OF THE CITY CLERK
No.
337-2021 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk 'Po°~~
DATE: August 10, 2021
SUBJECT: CITY OF HALLANDALE ORDINANCES NO. 2020-013 AND 2021-005
Attached for your information are Ordinances No. 2020-013 and 2021-005, adopted by the
Mayor and City Commission of City of Hallandale on June 3, 2020 and April 7, 2021.
ORDINANCE NO. 2020-013
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE
BEACH, FLORIDA, THE "CONDOMINIUM TRANSPARENCY AND ACCOUNTABILITY ACT,"
ESTABLISHING REGISTRATION REQUIREMENTS FOR CONDOMINIUM, MULTI-FAMILY
HOMEOWNERS AND COOPERATIVE ASSOCIATIONS WITHIN THE CITY; CREATING
REGISTRATION DATABASE TO BE AVAILABLE TO THE PUBLIC; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2021 -005
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE
BEACH, FLORIDA, AMENDING THE "CONDOMINIUM TRANSPARENCY AND
ACCOUNTABILITY ACT," TO MODIFY REGISTRATION REQUIREMENTS FOR
CONDOMINIUM, MULTI-FAMILY HOMEOWNERS AND COOPERATIVE ASSOCIATIONS
WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
The City of Hallandale Clerk has requested that a copy of these Ordinances be provided to the
Miami Beach Mayor, Commissioners, and the City Manager.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
REG/le
Attachment
F:\CLER\$ALL\LILIA\L TC's -Transmittal's\Hallandale Beach\Hallandale Beach Ordinances No . 2020 -013 and 2021-
005 .docx
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ORDINANCE NO. 2020 -013
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF HALLANDALE BEACH, FLORIDA, THE
"CONDOMINIUM TRANSPARENCY AND ACCOUNTABILITY
ACT," ESTABLISHING REGISTRATION REQUIREMENTS
FOR CODOMINIUM, MULTI-FAMILY HOMEOWNERS AN D
COOPERATIVE ASSOCIATIONS WITHIN THE CITY;
CREATING REGISTRATION DATABASE TO BE AVAILABLE
TO THE PUBLIC; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
14 WHEREAS, the City of Hallandale Beach is home to over four hundred
15 condominium, cooperative and multi-family homeowner associations; and
16 WHEREAS, the City receives frequent and documented complaints relating from
17 residents of these associations; and
18 WHEREAS, the City administration has historically spent considerable time
19 determining the extent to which potential code violation complaints are in fact governed by
20 private homeowner and condominium regulations or are, alternatively, enforceable violations
21 of City Code; and
22 WHEREAS, unscrupulous or absentee property management agents of condominium,
23 homeowner, and cooperative apartment associations create additional burdens on taxpayer
24 resources as residents seek assistance on private contractual matters and have nowhere else
25 to turn; and
26 WHEREAS, the City believes it is in the best interest of the business and residential
27 property owners, residents and tenants of the City to create a registration system
28 requiring Associations within the City to register with Code Enforcement so there is an easily
29 accessible database of Community Associations doing business in the City; and
30 WHEREAS, the City believes it is in the best interest of the residents to maintain a
31 census database of all condominium, cooperative apartment, and homeowner associations
32 within the City to facilitate communication and transparency; and
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FILE NO. 20-136 ORD NO. 2020-013
33 WHEREAS, it is the hope of the City that such a registration will reduce the burden on
34 taxpayer resources of consistent complaints and of the staff time required to research those
35 complaints and will assist residents in obtaining information they otherwise find it difficult to
36 obtain; and
37 WHEREAS, the City Commission deems that it is in the best interest of the residents of
38 the City of Hallandale Beach to enact the amendments herein.
39 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
40 COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA:
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42 SECTION 1. The foregoing "Whereas" clauses are hereby incorporated herein .
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44 SECTION 2 Chapter 9, "Code Compliance," Sections 9-10, et al are hereby created
45 to read as follows:
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Sec. 9-10. -Associations required to register.
(a) All condominium associations, multi-family homeowner and cooperative apartment
associations operating property located within the City shall be required to file with the code
compliance unit a registration on a fonn provided for same. This section does not apply to
homeowner associations consisting exclusively of single-family homes . The application
shall require the following:
FILE NO. 20-136
1. Name of the association
2. Business address and the legal description of properties governed by the
association
3. Name and contact information for the property manager or designated contact
person for the association
4. Name and contact infonnation for an emergency contact for the association
(cannot be the same individual identified in item 3)
5. A list of all officers and directors of the association with contact information
6 . Website of the association, if any
7. An impression of the corporate seal of the association
8. A legible copy of the By-Laws
9, A list of planned capital projects, if any, from the date of application through
October 1 of the following year
10. A copy of the most recent financial audit
11. Specify the location where all building permits for work in common areas shall
be posted during construction
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ORD NO. 2020 -013
69 (b) On or before October 1 of each year following the year of its initial registration with the
70 city, every condominium or cooperative apartment association operating within the city shall
71 file with the City an updated list of its officers and directors and any changes in the
72 infonnation required in subsection (a) of this section, a copy of its most current by-laws and
73 a copy of its most recent annual budget.
74 (c) An initial annual application filling fee of $150.00 shall be required and may be amended
75 annually pursuant to adoption of the city's fee booklet.
76 (d) Enforcement. An association that fails to file the required registration will first be issued
77 a warning providing 30 days to file the registration. If the registration is not filed within 30
78 days, the association will be subject to fine of $150, which shall be collected in addition to
79 the required registration fee. If the registration is not filed within 60 days of the initial
80 warning, the fine shall increase to $500 .
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82 Sec. 9-11 -Publicly Accessible Database of Association Registrations
83 (a) The City shall maintain a database containing the application and attachments of each
84 Association registered with the City pursuant to Sec. 9-10.
85 (b) The database shall be made available to members of the public upon request.
86 (c) The City will post the registration requirements of Sec. 9-10 on the City's website along
87 with a notice to the public that the database is available upon request and the contact
88 information for requesting access to the database .
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90 SECTION 3. SEVERABILITY
91 If any portion of this Ordinance is detennined by any Court to be invalid, the invalid portion
92 shall be stricken, and such striking shall not affect the validity of the remainder of this
93 Ordinance.
94 SECTION 4 . INCLUSION IN CODE
95 It is the intention of the City Commission that the provisions of this Ordinance shall become
96 and be made a part of the City of Hallandale Beach Code ; and that the sections of this
97 Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to
98 "section," "article," or such appropriate word or phrase in order to accomplish such intentions .
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100 SECTION 5. Effective Date. This Ordinance shall take effect October 1, 2020.
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104 PASSED AND ADOPT ED ON 1sr reading on May 2 0, 2020
105 PASSED AND ADOPTED ON zNo reading on June 3, 2020 .
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FILE NO . 20 -136 ORD NO . 2020-013
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CITY ATTORNEY
FILE NO . 20-136
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Mayor Cooper
Vice Mayor Javellana
Commissioner Butler
Commissioner Lazarow
Commissioner Lima-Taub
FINAL VOTE ON ADOPTION
Mayor Cooper
Vice Mayor Javellana
Commissioner Butler
Commissioner Lazarow
Commissioner Lima-Taub
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
ORD NO . 2020-013
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ORDINANCE NO. 2021 · 005
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING
THE "CONDOMINIUM TRANSPARENCY AND
ACCOUNTABILITY ACT," TO MODIFY REGISTRATION
REQUIREMENTS FOR CONDOMINIUM, MULTI-FAMILY
HOMEOWNERS A N D COO PER AT IVE ASSOCIATIONS
WITHIN THE CITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
13 WHEREAS, the City of Hallandale Beach is home to over four hundred
14 condominium, cooperative and multi-family homeowner associations; and
15 WHEREAS, on June 3, 2020 the City passed the "Condominium Transparency and
16 Accountability Act"; and
17 WHEREAS, the City desires to amend the registration requirements of the act to better
18 achieve the purpose of the original ordinance; and
19 WHEREAS, the City desires to amend the date of registration to accommodate typical
20 election and budget cycles of many associations . It is the intent that of the City that those
21 associations that registered in 2020 would have until January 30, 2022 to submit their next
22 yearly registration; and
23 WHEREAS, the City Commission deems that it is in the best interest of the residents of
24 the City of Hallandale Beach to enact the amendments herein.
25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
26 COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA:
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28 SECTION 1. The foregoing "Whereas" clauses are hereby incorporated herein.
29
30 SECTION 2 Chapter 9, "Code Compliance," Sections 9-9 is hereby created as
31 follows:
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FILE 21-099 ORD . NO. 2021 -005
32 Section 9-9-Short Title
33 Sections 9-9 through 9-11 shall hereafter be known as the "Condomin ium and
34 Homeowner Association Transparency and Accountability Act."
35 SECTION 3 Chapter 9, "Code Compliance," Sect ion s 9-10, et al are hereby
36 amended as follows {underline indicates additions, strikethrough indicates deletion):
37 Sec. 9-10. -Associations required to register.
38 {a) All condominium associations, multi-family homeowner and cooperative apartment
39 associations operating property located within the City shall be required to file with the code
40 compliance unit a registration on a form provided for same. This section does not app ly to
41 homeowner associations consisting exclusively of single-family homes. The application
42 shall require the following:
43 1. Name of the association
44 2. Business address and the legal description of properties governed by the
45 association
46 3. Name and contact inform ation for the property manager or designated contact
47 person for the association
48 4. A li st of all officers and directors of the association with contact information
49 5. Website of the association, if any
50 6. An impression of the corporate seal of the association~
51 7 . A legible copy of the By-Laws and the rules and regulations of the association
52 8, A list of planned capital projects, if any, from the date of application through
53 October 1 January 1 of the following year
54 9 . A copy of the most recent financial audit A copy of the adopted annual budget
55 10. A copy of the recorded declaration of condominium and any amendments
56 -1-Gll. Specify the lo cat ion where all building permits for work in common areas
57 shall be posted during construction
58 12 . A li sting of pending litigation, if any
59 13. Contact information for insurance agent, if any
60 {b) On or before October 1 January 30th of each year following the year of its initial
61 registration with the city, every condominium or cooperative apartment association
62 operating within the city shall file with the City an updated li st of its officers and directors
63 and any changes in the information required in subsection {a) of this section, a copy of it s
64 most current by -laws and a copy of its most recent annua l budget.
65 (c) An annua l application filling fee of $150 .00 sha ll be required .
66 {d) Enforcement. An association that fails to file the required registration will first be issued
67 a warning providing 30 days to file the registration. If the registration is not filed within 30
68 days, the associat ion will be subject to fine of $150, which sha ll be collected in add ition to
69 the required registration fee . If the registration is not filed within 60 days of the initial
70 warning, the fine shall increase to $500 .
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FILE 21 -099 ORD. NO . 2021 -005
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72 SECTION 3. SEVERABILITY
73 If any portion of this Ordinance is determined by any Court to be invalid, the invalid portion
74 shall be stricken, and such striking shall not affect the validity of the remainder of this
75 Ordinance.
76 SECTION 4. INCLUSION IN CODE
77 It is the intention of the City Commission that the provisions of this Ordinance shall become
78 and be made a part of the City of Hallandale Beach Code ; and that the sections of this
79 Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to
80 "section," "article," or such appropriate word or phrase in order to accomplish such intentions.
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82 SECTION 5 . Effective Date. This Ordinance shall take effect upon adoption .
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86 PASSED AND ADOPTED ON 1 sr reading on March 17, 2021
87 PASSED AND ADOPTED ON 2ND reading on April 7, 2021.
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• ,.a,!}.:, r f.l .{f. • -1 ,If__ 1l'r.•.-
J. t~ / 91!',: Pt ·, · ED BY. COMMISSIONER ANABELLE LIMA-TAUB
, ·: /:4 r AND MAYOR JOY F. COOPER
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100 CITY C
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APPROVED AS TO LEGAL SUFFICIENCY
AND FORM
JEN~ERINO
CITY ATTORNEY
FILE 21 -099
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ORD . NO . 2021 -005
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FIRST READING VOTE ON ADOPTION
Mayor Cooper YES
Vice Mayor Butler YES
Commissioner Javellana YES
Commissioner Lazarow YES
Commissioner Lima-Taub YES
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FINAL VOTE ON ADOPTION
Mayor Cooper YES
Vice Mayor Butler ABSENT
Commissioner Javellana YES
Commissioner Lazarow YES
Commissioner Lima-Taub YES
112
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FILE 21-099 ORD. NO . 2021 -005