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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 1 2 3 4 5 6 7 8 9 10 11 12 13 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 1 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 2 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. 81 82 83 84 85 86 87 88 89 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 . 106 107 108 3 FIL E NO. 20-136 ORD NO . 2020-0 13 109 110 111 112 114 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 1 2 3 4 5 6 7 8 9 10 11 12 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 28 29 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 84 85 86 PASSED AND ADOPTED ON 15T reading on March 17 , 2021 87 PASSED AND ADOPTED ON 2ND reading on April 7, 2021. 88 89 90 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 -...) . :-1 tj •·t t \ \ ~\ ~ ' ' ' I'°;,~: ,• l •\'.)~ ·,, 98 r ..• •• " ',,,.,......,"'----W'-+,fJL:!....,_. _________ _ 99 JENOR 100 CITY C 101 102 APPROVED AS TO LEGAL SU FFICIENCY 103 AND FORM 104 105 106 107 108 109 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 96 97 98 99 100 SPONSORED BY : COMMISSIONER ANABELLE LIMA-TAUB 101 102 103 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