SB 56

This bill “Community Association Assessment Notices” will require condominium associations to maintain specified affirmative acknowledgments as official records of the association; revising timeframes for foreclosure judgments; requiring condominium associations to deliver certain statements of account to unit owners in a specified manner; requiring condominium associations to give notice to unit owners before changing the method of delivery for the statements of account; requiring cooperative associations to maintain specified affirmative acknowledgments as official records of the association, etc.

SB 56 is a bill that provides and gives clarification on community association on how to maintain specified affirmative acknowledgments to be part of official records of the association and revising timeframes for foreclosures and methods of delivery for statements of account.

1.     We should support the provision to amend s. 718.111, F.S. to require condominium associations to maintain specified affirmative acknowledgments as official records of the association and specifying that such acknowledgments are not accessible to unit owners.   Senator Baxley also supports this in his proposed bill.

2.     This provision amends s. 718.116, F.S.; and revises the timeframe from  30 days to 45 days after the association gives written notice to the unit owner of its intention to foreclose its lien to collect unpaid assessments; and if the notice is not given at least 45 days before the foreclosure action is filed, the association shall not recover attorneys fees.  Senator Baxley also supports this in his proposed bill;

3.     This provision amends s. 718.121, F.S. relating to liens and  requiring condominium associations to deliver certain statements of account to unit owners in a specified manner by first-class United States mail to the unit owner at his or her last address as reflected in the association’s records or by electronic transmission to the unit owners e-mail address maintained in the association’s official records; and requiring condominium associations to give at least 30 days written notice changing the method of delivery for the statements of account and requiring unit owners to affirmatively acknowledge the changes in such delivery methods electronically or in writing.  In addition, this provision will prohibit condominium associations from requiring the payment of attorney fees relating to past due assessments without first providing a specified notice to unit owners so that the unit owner is afforded an opportunity to pay the amount owed without the assessment of attorney’s fees.  Senator Baxley also supports this provision in his bill.

4.     This provision amends s. 719.104, F.S. to require cooperative associations deliver a unit statement of account by first-class United States mail to the unit owner at his or her last address as reflected in the association’s records or by electronic transmission to the unit owners e-mail address maintained in the association’s official records.  The association is required to give at least 30 days written notice changing the method of delivery for the statements of account and requiring unit owners to affirmatively acknowledge the changes in such delivery methods  electronically or in writing.   In addition, this provision will prohibit cooperative associations from requiring the payment of attorney fees relating to past due assessments without first providing a specified notice to unit owners so that the unit owner is afforded an opportunity to pay the amount owed without the assessment of attorney’s fees and revises the timeframe for cooperative associations to file liens against cooperative parcels.    Senator Baxley also supports this provision in his bill.

5.     This provision amends s. 719.108, F.S.; to maintain specified affirmative acknowledgments as official records of the association and specifying that such acknowledgments are not accessible to unit owners.  It requires  the cooperative associations to deliver certain statements of account to unit owners in a specified manner; and to require cooperative associations to give notice to unit owners before changing the method of delivery for the statements of account; providing requirements for the notice requiring unit owners to affirmatively acknowledge the changes in delivery methods; prohibiting cooperative associations from requiring the payment of attorney fees relating to past due assessments without first providing specified notice to unit owners; providing requirements for the notice; revising the timeframe for cooperative associations to file liens against cooperative parcels.  Senator Baxley also supports this provision in his bill.

6.     This provision amends 720.303, F.S.; and requires homeowners’ associations to maintain specified affirmative acknowledgments as official records of the association; specifying that such acknowledgments are not accessible to parcel owners.  Senator Baxley also supports this provision in his bill.

7.     This provision amends s. 720.3085, F.S. and requires homeowners’ associations to deliver certain statements of account to parcel owners in a specified manner; requiring homeowners’ associations to give notice to parcel owners before changing the method of delivery for the statements of account; providing requirements for the notice; requiring parcel owners to affirmatively acknowledge the changes in delivery methods; prohibiting homeowners’ associations from requiring the payment of attorney fees relating to past due assessments without first providing specified notice to parcel owners; providing requirements for the notice; providing an effective date.  Senator Baxley also supports this provision in his bill.

ORIGINAL FILED VERSION OF SB 56