(A) Declaration of intent. The intent of this section is to require property owners whose property is governed by a homeowners' association or condominium association to provide an affidavit indicating their awareness that they may be subject to additional association regulations despite the issuance of a building permit for exterior renovations by the city. This section is intended to protect the city from becoming involved in controversies between property owners and their associations, where property owners may obtain permits from the city for projects inconsistent with the association's regulations. This section is further intended to protect the health, safety and welfare of the citizens and residents of the city by ensuring awareness of all proper regulations prior to the issuance of a building permit.
(B) Definitions.
(1) CONDOMINIUM ASSOCIATION. An association created pursuant to F.S. Chapter 718, to govern and represent the residents of a condominium.
(2) HOMEOWNERS' ASSOCIATION. An association created pursuant to F.S. Chapter 720, to govern and represent the residents of a community.
(C) Affidavit requirement for building permits.
(1) As part of the application process, when applying for a city building permit, every applicant shall sign an affidavit indicating an awareness that if the subject property is located in a homeowner's association or condominium association there may be additional regulations despite the issuance of a permit by the city. Applicants whose subject property is not located within a homeowners' association or condominium association shall submit an affidavit indicating that the subject property is not in such an association and that this section is not applicable.
(2) The Building Department shall, at the applicant's expense, forward by certified mail a copy of the affidavit of awareness to the homeowners' association or condominium association, provided that such association is on the city's master list. The cost of this mailing shall be factored into the city's fees for building permits.
(Ord. 1586, passed 8-1-07)