First of all, this is a very unusual situation, I must say. But to answer your question(s):Wondering if a Master Association meets the definition of "associations" as FS720.301 (9). The word "agent' is not defined, what means "agent' in this context?
A MASTER ASSOCIATION is essentially an umbrella association. See here
for a good explanation. However, whether or not the Master Association falls into the definition of an "association" depends on several factors:While the term “master condominium association” is not defined in Chapter 718, F.S., the
Condominium Act, s. 718.103(2), F.S., currently defines “association” to mean: 4
in addition to those entities responsible for the operation of common elements owned
in undivided shares by unit owners, any entity which operates or maintains other real
property in which condominium unit owners have use rights, where unit owner
membership in the entity is composed exclusively of condominium unit owners or
their elected or appointed representatives, and where membership in the entity is a
required condition of unit ownership. [emphasis added]
The emphasized portion of the definition of “association” is commonly used to
describe a master condominium association. It is important to note, however, that not all
associations identified as “master condominium associations” fall within the definition of
First, to meet the definition of “association” under Chapter 718, F.S., condominium
unit owners must have use rights in the real property operated or maintained by the
association. Second, a master condominium association’s membership must consist
exclusively of condominium unit owners, or their elected or appointed representatives. Some
associations include representatives of all projects in the development, including perhaps
single family homes, life care facilities, or commercial entities in addition to condominiums.
If a master condominium association includes non-condominium unit owners in its
membership, it is not an “association” governed by Chapter 718, F.S. Third, membership in
the master condominium association must be mandatory; condominium unit owners or their
representatives may not “opt” out of the association at any time.
It is important to understand the differences between a “traditional” condominium
association and a “master” condominium association. A traditional condominium association
derives its authority from a recorded declaration of condominium, whereas a master
condominium association usually derives its authority from a recorded declaration of
"Master Home Associations" by Committee on Real Property and Probate, Florida House of Representatives - here
So as you can see, whether or not your Master Association fits that definition depends on the above.The word "agent' is not defined, what means "agent' in this context?
The term "agent" is not defined in Chapter 720. This is left open. If the term is not defined, then it falls back on "legislative intent" and "common verbiage:"
"In attempting to discern legislative intent, we first look to the actual language used in the statute. Joshua v. City of Gainesville, 768 So.2d 432, 435 (Fla.2000); accord BellSouth Telecomms., Inc. v. Meeks, 863 So.2d 287, 289 (Fla.2003). When the statute is clear and unambiguous, courts will not look behind the statute's plain language for legislative intent or resort
to rules of statutory construction
to ascertain intent. See Lee County Elec. Coop., Inc. v. Jacobs, 820 So.2d 297, 303 (Fla.2002). In such instance, the statute's plain and ordinary meaning must control, unless this leads to an unreasonable result or a result clearly contrary to legislative intent. See State v. Burris, 875 So.2d 408, 65*65 410 (Fla.2004). When the statutory language is clear, "courts have no occasion to resort to rules of construction — they must read the statute as written, for to do otherwise would constitute an abrogation of legislative power." Nicoll v. Baker, 668 So.2d 989, 990-91 (Fla.1996)." Daniels v. Florida Dept. of Health, 898 So. 2d 61 - Fla: Supreme Court 2005
Here, agent ARGUABLY means someone who has an INTEREST in the property, such as an owner or tenant who has been given the right to vote by their owner, etc. However, in the end, it is on a case by case basis I am afraid, and is up to the Court if the parties cannot decide.
I hope this helps and clarifies. Good luck.
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