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2023 Op. Fla. Att'y Gen. [1] (2023)

handle is hein.sag/sagfl0114 and id is 1 raw text is: Owner-buitder exemption - townhouse units Number: AGO 2023-01 Date: April 25, 2023 Mr. D. Andrew Smith, III City Attorney, Town of Ponce Inlet Shepard, Smith, Kohlmyer & Hand, P.A. 2300 Maitland Center Pkwy., Ste. 100 Maitland, Florida 32751-7410 Dear Mr. Smith: This office received your letter requesting a legal opinion on behalf of the Town of Ponce Inlet (Town). In it, and in information you provided subsequent to submitting the request, you ask substantially the following question: Does the owner-builder exemption from requirements of chapter 489, part I, which is codified at section 489.103(7)(a)(1), Florida Statutes, apply where a single unit owner seeks to make improvements to an individual dwelling unit in a building containing four such interconnected units? In sum: Unless and until judicially or legislatively clarified, I conclude that the exemption provided to persons building or improving farm outbuildings or one-family or two-family residences owned by such persons and not offered for sale or lease when acting as their own contractor and providing direct, onsite supervision themselves of all work not performed by licensed contractors does not apply to owners of individual dwelling units that are part of a single building comprised of four such units. Background The Town has received applications from property owners living in buildings that consist of four dwelling units per building. Each applicant seeks an owner-builder exemption that would allow the owner to make improvements to a single unit in the building. Such units are arranged in a row lengthwise across the building (i.e. the front doors all face the same direction); each unit is owned in fee simple ownership; each unit has a private front door, back door, and garage; each unit shares at least one common wall with another unit (interior units have two common walls); and the building has a common roof (i.e., one roof for the whole building). Thus, each residential building contains four individual units, each of which has a separate owner who lives in his or her own unit. Analysis Deeming it necessary in the interest of the public health, safety, and welfare to regulate the construction industry, the Legislature enacted part I of chapter 489, Florida Statutes. Various sections throughout chapter 489 refer to types of dwellings and non-residential buildings. Among these are one-family (or single-family) residence; two-family residence (or duplex); three-family residence; quadruplex housing; townhome; townhouse; condominium unit or cooperative unit; and farm outbuilding.

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