FREQUENTLY ASKED QUESTIONS AND ANSWERS SHEET
Two Midtown Miami Condominium Association, Inc.
A Florida corporation, not for profit.
Declaration Recorded: 03/02/2007
Q: What are my voting rights in the condominium association?
A: All units have equal voting rights. Each Unit shall be entitled to one vote to be cast by its Owner in accordance with the provisions of the respective By-Laws (Section 3.6) and Articles of Incorporation of the Association. If a Unit is owned by one person, that person’s right to vote shall be established by the roster of members. If the Unit is owned by more than one person, those persons (including husbands and wives) shall decide among themselves as to who shall cast the vote of the Unit. In the event that those persons cannot so decide, no vote shall be cast. A person casting a vote for a Unit shall be presumed to have the authority to do so unless the President or the Board of Directors is otherwise notified. If the unit is owned by a corporation, the person entitled to cast the vote for the Unit shall be designated by a certificate signed by an appropriate officer of the corporation and filed with the Secretary of the Association. Such person need not to be a Unit Owner. Those certificates shall be valid until revoked or until superseded by a subsequent certificate or until a change in the ownership of the Unit concerned. A certificate designating the person entitled to cast the vote for a Unit for which such certificate is required is not on file or has been revoked, the vote attributable to such Unit shall not be considered in determining whether a quorum is present, nor for any other purpose, and the total number of authorized votes in the Association shall be reduced accordingly until such certificate is filed.
Q: What restrictions exist in the condominium documents on my right to use my unit?
A: Each Base Residential Unit is the Tower Building shall be used as a residence and/or office only, all in accordance with all applicable county and state codes, ordinances and regulations. Home office use of Base residential Unit in the Tower Building shall only be permitted to the extent permitted by law and to the extent that the office is not staffed by employees, is not used to receive clients and/or customers and does not generate additional visitors or traffic into the Unit or on any part of the Condominium Property. Each Base Residential Unit in the Midrise Building shall be used as a residence and/or for general office purposes (as distinguished from the home office limitations set forth above), all in accordance with all applicable county and state codes, ordinances and regulations. The Mews Units may be used for any lawful purposes other than the Prohibited Uses. The Commercial Units may be used for any lawful purpose, and nothing in this Declaration shall preclude multiple uses from being made from any Commercial Units. The provisions of this subsection 17.1 shall not be applicable to Units used by payment of consideration for model apartments, sales offices, management services, repairs, maintenance or construction.
Q: What restrictions exist in the condominium document on the leasing of my unit?
A: No portion of a Base Residential Unit (other than an entire Base Residential Unit) may be rented. Leasing of Residential Units shall not be subject to the prior approval of the Association, provided, however, that (i) the Association must receive notice of the leasing of a Residential Unit not less than five (5) days prior to the commencement of the lease term (together with a copy of the applicable lease) ; and (ii) no lease shall be valid if the lessor is delinquent in the payment of Assessments to the Association (or becomes delinquent during the lease term) or has an outstanding fine (or incurs a fine which is not paid within five days following the adoption of same). Each lease shall be in writing and shall specifically provide that the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this Declaration, the Articles of Incorporation or By-Laws of the Association, or other applicable provisions of any agreement, document or instrument governing the Condominium or administered by the Association. No lease of a Residential Unit shall be for a period of less than thirty (30) days. The foregoing leasing restrictions shall not apply to the Commercial Units and the Commercial Units may be leased on any terms that may be desired by the Commercial Unit Owners.
The lease of a Residential Unit for a term of six (6) months or less may be subject to a tourist development tax assessed pursuant to Section 125.0104, Florida Statutes. A Residential Unit Owner leasing his or her Unit for term of six (6) months or less agrees, and shall be deemed to have agreed, for such Owner, and his or her heirs, personal representatives, successors and assigns, as appropriate, to hold the Association, the Developer and all other Unit Owners harmless from and to indemnify them for any and all costs, claims, damages, expenses or liabilities whatsoever, arising out of the failure of such Unit Owner to pay the tourist development tax and/or any other tax or surcharge imposed by the State of Florida with respect to rental payments or other charges under the lease, and such Unit Owner shall be solely responsible for and shall pay to the applicable taxing authority, prior to delinquency, the tourist development tax and/or any other tax or surcharge due with respect to rental payments or other charges under the lease.
Rental Rules & Reg. additions made by the BOD on May/2013 - for the safety and well being of the residence rental is limited to 3mnth and up to two leases per year. All leases 6 month or less are reported to the IRS for taxes.
Q: How much are my assessments to the condominium association for my unit type and when are they due?
A: Assessments vary depending on Unit type and Unit square footage. Based on the 2019 Annual Operating Budget, assessments range from $529.30 to $4560.29 and are due monthly by the 10th of each month. Payments received after the 10th of the month will incur a late payment fee of $25.
Q: Do I have to be a member in any other association? If so, what is the name of the association and what are my voting rights in this association? Also, how much are my assessments?
Q: Am I required to pay rent or land use fees for recreational or other commonly used facilities? If so, how much am I obligated to pay annually?
Q: Is the condominium association or other mandatory membership association involved in any court cases in which it may face liability in excess of $100,000? If so, identify each such case.
Note: THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES, EXHIBITS HERETO, THE SALES CONTRACT, AND THE CONDOMINIUM DOCUMENTS.