719.1035

Creation of cooperatives.

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719.1035 Creation of cooperatives.—

(1) The date when cooperative existence shall commence is upon commencement of corporate existence of the cooperative association as provided in s. 607.0203. The cooperative documents must be recorded in the county in which the cooperative is located before property may be conveyed or transferred to the cooperative. All persons who have any record interest in any mortgage encumbering the interest in the land being submitted to cooperative ownership must either join in the execution of the cooperative documents or execute, with the requirements for deed, and record, a consent to the cooperative documents or an agreement subordinating their mortgage interest to the cooperative documents. Upon creation of a cooperative, the developer or association shall file the recording information with the division within 30 working days on a form prescribed by the division.

(2) All provisions of the cooperative documents are enforceable equitable servitudes, run with the land, and are effective until the cooperative is terminated.

History.—s. 11, ch. 86-175; s. 188, ch. 90-179; s. 41, ch. 95-274; s. 9, ch. 98-322; s. 6, ch. 99-382.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Key Largo Ocean Resort Co-Op, Inc. v. Monroe County

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Key Largo Ocean Resort Co-Op, Inc. v. Monroe County (2009) fladistctapp · cites it 2× “See § 719.1035(1), Fla. Stat. (2008) (providing that the cooperative’s documents “must be recorded in the county in which the cooperative is located”); § 719.”

— 719.1035(1) — 1 case

Key Largo Ocean Resort Co-Op, Inc. v. Monroe County (2009) fladistctapp “See § 719.1035(1), Fla. Stat. (2008) (providing that the cooperative’s documents “must be recorded in the county in which the cooperative is located”); § 719.”

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