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Town Hall Meeting PROPOSED
LEGISLATION AFFECTING HOMEOWNER AND CONDOMINIUM ASSOCIATIONS |
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DATE: Monday, February 22, 2010 TIME:
7:00 P.M.
Panel
Discussion Featuring The Honorable Julio Robaina State Representative
District 117 Rosa
de la Camara, Esq. Community Association Leadership Lobby (CALL) Donna Berger Managing Partner of
Katzman Garfinkel Rosenbaum (KGR) and Executive Director
of the Community Advocacy Network (CAN). Maria Arias Siegfried, Rivera,
Lerner Jan Bergemann President COMMUNITY
ASSOCIATION LEGISLATION 2010 HB
= House Sponsored Bill SB
= Senate Sponsored Bill HB 419 Community Associations by Julio Robaina (Similar/Identical to SB 864 by Rudy Garcia) - Provides
various provisions relating to specified community associations, including
disputes, powers, duties, insurance, officers, meetings, notices,
governance, foreclosure, liens, contracts, borrowing, transfer fees,
maintenance, termination, etc HB 327 Community Associations by Julio Robaina (Similar/Identical to SB 840 Community Associations by
Eleanor Sobel)- Revises definition of term "developer" to exclude bulk
assignee or bulk buyer; creates "Distressed Condominium Relief
Act"; specifies responsibilities, liabilities, duties, &
limitations of bulk assignees & bulk buyers; provides for transfer of
control of board of administration; provides for resolution of conflict
between specified provisions of state law; provides certain contract &
disclosure requirements; provides for determination of date of acquisition
of parcel; provides that assignment of developer rights to bulk assignee
or bulk buyer does not release developer from certain liabilities. HB 329 Condominium Foreclosures by Julio Robaina - Requires certain condominium unit tenants to pay moneys owed
on behalf of unit to association; provides liability; provides tenant's
obligations to association; provides condominium associations with certain
powers; requires mortgagee to request estoppel letter from association
prior to filing foreclosure action; authorizes association to charge fee
for production of estoppel letter; requires association to reply to letter
within specified period of time; provides for dismissal of action for
failure to request letter or make payments; requires certain payments;
deletes provisions limiting liability of mortgagee & successors
acquiring title by foreclosure or by deed in lieu of foreclosure for
certain unpaid assessments; deletes exemption from liability for certain
unpaid assessments for certain persons acquiring title to condominium as
result of foreclosure of mortgage or by deed in lieu of foreclosure of
mortgage; specifies additional circumstances for which liability for
assessments may not be avoided. HB 115 Residential Properties by Kevin Ambler - Requires DBPR to enter order permanently revoking license of
community association manager under certain circumstances; revises various
provisions relating to specified community associations, including
disputes, powers, duties, officers, meetings, notices, governance,
foreclosure, liens, contracts, etc.; provides for publication, updating,
& availability of "Florida Condominium Handbook"; creates
"Distressed Condominium Relief Act" to provide regulatory
provisions relating to bulk assignees & bulk buyers; repeals existing
provision for dispute resolution in homeowners' associations; creates
"Home Court Advantage Dispute Resolution Act" to provide
regulatory provisions for mediation & arbitration of disputes in
homeowners' associations. HB 337 Condominiums by Yolly Roberson (Similar/Identical SB 968 Condominiums/Notice of Delinquency
by Charlie Justice) -Provides requirements for notice of delinquency;
prohibits condominium association from imposing certain penalties for
delinquency during notice period or while objection made within such
notice period is unresolved. HB 561 Condominiums by Ellen Bogdanoff
SB 1222 Condominiums by
Jeremy Ring -Provides & revises various provisions relating to
condominiums, including insurance requirements, fire alarm systems,
definitions, duties of owners & associations, meetings, officers,
governance, etc.; creates "Distressed Condominium Relief Act" to
provide regulatory provisions relating to bulk assignees & bulk
buyers; repeals provision relating to public elevators & emergency
operation plans in certain condominiums & multifamily dwellings. SB 1196 Condominiums
by Mike Fasano - Requires that
coverage under a unit owner's policy for certain assessments include at
least a minimum amount of loss assessment coverage. Provides an exemption
for certain condominiums from installing a manual fire alarm system as
required in the Life Safety Code if certain conditions are met. Requires
that certain services obtained pursuant to a bulk contract as provided in
the declaration be deemed a common expense, etc. SB 1272 by Jeremy
Ring Provides
that a person acquiring title to a condominium by foreclosure or recorded
deed is liable for certain additional unpaid expenses and assessments.
Authorizes a homeowners' association to preserve or maintain the unit in a
safe condition under certain circumstances. Requires that certain costs
incurred by an association be deemed an individual assessment against the
unit being foreclosed, etc. SB
1270 by Senator Ring which provides an exemption, if certain conditions are
met, for condominiums having to install a manual fire alarm system as
required by the Life Safety Code. SB
780 Requires a financial institution
that institutes a foreclosure proceeding, or has a foreclosure proceeding
pending, to timely pay all fees associated with or owed by that property,
including, but not limited to, homeowners’ associations fees,
maintenance fees, and property taxes.
The financial institution shall pay such fees accruing from the
date on which the foreclosure action is initiated through the date on
which the foreclosure is finalized. Please
come and get your questions answered and support your community. For more information please contact Miles Moss Phone E-mail [email protected] Visit our website at www.kfha.org
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