LTC 347-2021 CITY OF HALLANDALE ORDINANCES NO. 2020-013, 2021-005, AND 2021-012MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 347-2021 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk ~
DATE: August 19, 2021
SUBJECT: CITY OF HALLANDALE ORDINANCES NO. 2020-013, 2021-005, AND
2021-012
Attached for your information are Ordinances No. 2020-013, 2021-005, and 2021-012 adopted
by the Mayor and City Commission of City of Hallandale on June 3, 2020, April 7, 2021, and
August 18, 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, MUL Tl-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, MUL Tl-FAMILY HOMEOWNERS AND COOPERATIVE ASSOCIATIONS
WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2021-012
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, MUL Tl-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. 7 411.
REG/le
Attachment
F:\CLER\$ALL\LILIA\L TC's -Transmittal's\Hallandale Beach\Hallandale Beach Ordinances No. 2020-013, 2021-005 and 2021-012.docx
Hallandale Beach
PROGRESS. INNOVATION. OPPORTUNITY.
Jenorgen M. Guillen
City Clerk
JOY F. COOPER
Mayor
MICHAEL "MIKE" BUTLER
Vice Mayor
SABRINA JAVELLANA
Commissioner
MICHELE LAZAROW
Commissioner
ANABELLE LIMA-TAUB
Commissioner
400 S. Federal Highway
Hallandale Beach, FL 33009
Ph (954) 457-1340
Fax (954) 457-1454
www.coHB.org
August 18, 2021
Honorable Mayor:
On behalf of the City Commission, please find attached the following:
Ordinance 2020-13, Ordinance 2021-05 and Ordinance 2021-012
whereby the City of Hallandale Beach City Commission
adopted/updated the 'Condominium Transparency and Accountability
Act.'
The City Commission hereby respectfully requests your support with
the subject matter.
Should you have any questions, please feel free to contact me at
(954) 457-1469 or at jguillen@cohb.org.
JG/sj
Attachments as noted
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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:
41
42 SECTION 1. The foregoing "Whereas" clauses are hereby incorporated herein.
43
44 S.ECTION 2 Chapter 9, "Code Compliance," Sections 9-10, et al are hereby created
45 to read as follows:
46
47 Sec. 9-10. -Associations required to register.
48 (a) All condominium associations. multi-family homeowner and cooperative apartment
49 associations operating property located within the City shall be required to file with the code
so compliance unit a registration on a form provided for same. This section does not apply to
51 homeowner associations consisting exclusively of single-family homes. The application
52 shall require the following:
53 1 . Name of the association
54 2. Business address and the legal description of properties governed by the
55 association
56 3. Name and contact information for the property manager or designated contact
57 person for the association
58 4. Name and contact information for an emergency contact for the association
59 (cannot be the same individual identified in item 3)
60 5. A list of all officers and directors of the association with contact information
61 6 . Website of the association, if any
62 7. An impre ss ion of the corporate seal of the association
63 8. A legible copy of the By-Laws
64 9. A list of planned capital projects. if any, from the date of application through
65 October 1 of the following year
66 10 . A copy of the most recent fin a nci a l audit
67 11. Specify the location where all building permits for work in common areas shall
68 be posted during construction
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FILE NO. 20-136 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 information 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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Sec. 9-11 -Publicly Accessible Database of Association Registrations
(a) The City shall maintain a database containing the application and attachments of each
Association registered with the City pursuant to Sec. 9-10.
(b) The database shall be made available to members of the public upon request.
(c) The City will post the registration requirements of Sec. 9-10 on the City's website along
with a notice to the public that the database is available upon request and the contact
information for requesting access to the database.
90 SECTION 3. SEVERABILITY
91 If any portion of this Ordinance is determined by any Court to be invalid, the invalid portion
92 shall be stricken, and s uch 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 .
99
100 SECTION 5. Effective Date. This Ordinance shall take effect October 1, 2020 .
101
102
103
104 PASSED AND ADOPTED ON 1sr reading on May 20, 2020
105 PASS ED ANO ADOPTED ON 2ND reading on June 3 , 2020 .
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FIL E NO. 20-136 ORD NO . 2020-0 13
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CITY ATTORNEY
4
FILE NO. 20-136
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 AND COOPERATIVE 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-fa mily homeowner associations; and
15 WHEREAS, on June 3, 2020 the City passed the "C ondominium 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:
27
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30
31 follows :
SECTION 1. The foregoing "Whereas" clauses are hereby incorporated herein.
SECTION 2 Chapter 9, "Code Compliance," Sections 9-9 is hereby created as
1
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 "Condominium and
34 Homeowner Association Transparency and Accountability Act."
35 SECTION 3 Chapter 9, "Code Compliance," Sections 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 apply 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 information for the property manager or designated contact
47 person for the association
48 4. A list of all officers and directors of the association with contact information
49 5. Website of the association, if any
so 6 . An impression of the corporate seal of the association.Jf..filly
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
ss 10. A copy of the recorded declaration of condominium and any amendments
56 4-011. Specify the location where all building permits for work in common areas
57 shall be posted during construction
58 12. A listing of pending litigation, if any
59 13 . Contact information for insurance agent, if any
60 (b) On or before October 1 January 30 th 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 list of its officers and directors
63 and any changes in the information required in subsection (a) of this section, a copy of its
64 most current by -laws and a copy of its most recent annual budget.
65 (c) An annual application filling fee of $150.00 shall 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 as sociation will be subject to fine of $150, which shall be collected in addition 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.
2
FILE 21 -099 ORD. NO. 2021-005
71
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 SE CT ION 4. INCLU SION IN COD E
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 Be ach 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 s~ch intentions.
81
82 SECT ION 5 . Effective Date. This Ordinance shall take effect upon adoption .
83
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86 PASSED AND ADOPTED ON 15T reading on March 17 , 2021
87 PASSED AND ADOPTED ON 2ND reading on April 7, 2021.
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91 C. t 7· "' ' •. ~2 I ):'.~l"t f,,,;_;
• ,,., W . V,t-'•' 0 • ••9~ ,/" {,,.'(/, • I,-~• t
, • · BY . COMMISSIONER ANABELL E LIMA-TAUB
, .' AND MAYOR JOY F. COOPER
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99 JENOR
100 CITY C
101
102 APPROVED AS TO LEGAL SU FFICIENCY
103 AND FORM
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105
106
107
108
109
JEN~ERINO
CITY ATTORNEY
FILE 21 -099
3
ORD . NO . 2021 -005
110
FIRST READING VOTE ON ADOPTION
Mayor Cooper YES
Vice Mayor Butler YES
Commissioner Javellana YES
Commissioner Lazarow YES
Commissioner Lima-Taub YES
111
FINAL VOTE ON ADOPTION
Mayor Cooper YES
Vice Mayor Butler ABSENT
Commissioner Javellana YES
Commissioner Lazarow YES
Commissioner Lima-Taub YES
112
4
FILE 21-099 ORD . NO . 2021-005
1 ORDINANCE NO. 2021 -012
2
3 AN ORDINANCE OF THE MAYOR ANO CITY COMMISSION OF
4 THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING
5 THE "CONDOMINIUM TRANSPARENCY AND
6 ACCOUNTABILITY ACT," TO MODIFY REGISTRATION
7 REQUIREMENTS FOR CONDOMINIUM, MULTI-FAMILY
8 HOMEOWNERS A N O COOP E RAT IVE ASSOCIATIONS
9 WITHIN THE CITY; PROVIDING FOR CONFLICTS;
10 PROVIDING FOR SEVERABILITY; PROVIDING FOR
11 CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
12
13 WHEREAS, the City of Hallandale Beach is home to over four hundred
14 condominium, cooperative and multi-family homeowner associations; and
15 WHEREAS, the 40 year and older Building Safety Inspection Program was created by
16 the Broward Board of Rules and Appeals (BORA) in 2005. Modeled after Miami-Dade County's
17 program, which was established in the mid-1970s, Broward's program calls for structural and
18 electrical safety inspections for buildings 40 years old or older and every ten years thereafter;
19 and
20 WHEREAS, the terrible collapse of Champlain Tower South, resulting in 98 deaths,
21 has made evident the danger to the public's health, safety and welfare when a condominium
. 22 incurs building failure; and
23 WHEREAS, on June 3, 2020 the City passed the "Condominium Transparency and
24 Accountability Act"; and
25 WHEREAS, the City desires to amend the registration requirements of the act to better
26 achieve the purpose of the original ordinance and address the clear safety dangers posed by
27 potential building failure by increasing public transparency of compliance with existing legal
28 requirements; and
29 WHEREAS, the City Commission deems that it is in the best interest of the residents of
30 the City of Hallandale Beach to enact the amendments herein.
1
FILE 21-323 ORD. NO. 2021-012
31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
32 COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA:
33
34 SECTION 1. The foregoing "Whereas" clauses are hereby incorporated herein.
35
36 SECTION 2 Chapter 9, "Code Compliance," Section 9-10 is hereby amended as
37 follows (underline indicates additions, strikethro1Jgh indicates deletion):
38 Sec. 9-10. -Associations required to register.
39 (a) All condominium associations, multi-family homeowner and cooperative apartment
40 associations operating property located within the City shall be required to file with the code
41 compliance unit a registration on a form provided for same. This section does not apply to
42 homeowner associations consisting exclusively of single-family homes. The application
43 shall require the following:
44 1. Name of the association
45 2. Business address and the legal description of properties governed by the
46 association
47 3. Name and contact information for the property manager or designated contact
48 person for the association
49 4. A list of all officers and directors of the association with contact information
so 5. Website of the association, if any
51 6. An impression of the corporate seal of the association, if any
52 7. A legible copy of the By-Laws and the rules and regulations of the association
53 8, A list of planned capital projects, if any, from the date of application through
54 January 1 of the following year
ss 9 . A copy of the adopted annual budget
56 10. A copy of the recorded declaration of condominium and any amendments
57 11. Specify the location where all building permits for work in common areas shall
58 be posted during construction
59 12. A listing of pending litigation, if any
60 . 13. Contact information for insurance agent, if any
61 14. The date of original building certification.
62 15. The status of recertification. Association will indicate either (1) Recertification
63 not yet required, (2) Recertification is in process (due within one year but not yet
64 past due) or (3) Recertification Past Due.
65 16. A copy of any report of a professional engineer or architect concerning the
66 structural, electrical or life safety conditions of a building within the control of the
67 Association issued within the previous year.
2
FILE 21-323 ORD. NO. 2021-012
68 (b) On or before January 30 th of each year following the year of its initial registration with
69 the city, every condominium or cooperative apartment association operating within the city
70 shall file with the City an updated list of its officers and directors and any changes in the
71 information required in subsection (a) of this section, a copy of its most current by-laws and
72 a copy of its most recent annual budget.
73 (c) An annual application filling fee of $150.00 shall be required.
74 (d) Enforcement. An association that fails to file the required registration will first be issued
75 a warning providing 30 days to file the registration . If the registration is not filed within 30
76 days, the association will be subject to fine of $150 , which shall be collected in addition to
77 the required registration fee. If the registration is not filed within 60 days of the initial
78 warning, the fine shall increase to $500.
79
80 SECTION 3. SEVERABILITY
81 If any portion of this Ordinance is determined by any Court to be invalid, the invalid portion
82 shall be stricken, and such striking shall not affect the validity of the remainder of this
83 Ordinance.
84 SECTION 4. INCLUSION IN CODE
85 It is the intention of the City Commission that the provisions of this Ordinance shall become
86 and be made a part of the City of Hallandale Beach Code; and that the sections of this
87 Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to
88 "section," "article," or such appropriate word or phrase in order to accomplish such intentions.
89
90 SECTION 5. Effective Date. This Ordinance shall take effect upon adoption.
91
92 PASSED AND ADOPTED ON 1 sr reading on August 4 , 2021
93 PASSED AND ADOPTED ON 2No reading on August 18 , 2021 .
94
95
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99
100 SPONSORED BY : COMMISSIONER ANABELLE LIMA-TAUB
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102
103 ATTEST:
104
3
FILE 21 -323 ORD . NO. 2021 -012
105
106 JENORGEN
107 CITY CLERK
108
109 APPROVED AS TO LEGAL SUFFICIENCY
110 AND FORM
111
112
113
114
115
116
117
118
119
FIRST READING VOTE ON ADOPTION
Mayor Cooper YES
Vice Mayor Butler YES
Commissioner Javellana YES
Commissioner Lazarow YES
Commissioner Lima -Taub YES
FINAL VOTE ON ADOPTION
Mayor Cooper ~~ Vice Mayor Butler
Commissioner Javellana
Commissioner Lazarow ~ Commissioner Lima-Taub
120
4
FILE 21 -323 ORD. NO. 2021-01.2