Kendall Federation of Homeowner Associations

Town Hall Meeting

PROPOSED LEGISLATION AFFECTING

HOMEOWNER AND CONDOMINIUM ASSOCIATIONS

DATE: Monday, February 22, 2010

TIME: 7:00 P.M.

LOCATION: Kendall Village Center , 8625 SW 124th Ave (see maps below!)

 

Panel Discussion Featuring

 

The Honorable Julio Robaina

State Representative District 117

 

Rosa de la Camara, Esq.

Becker & Poliakoff , PA and

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 Cyber Citizens for Justice


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 164  Requires any mortgagee who has not completed their foreclosure lawsuit within six months from filing must pay the “statutory cap” (6 months of past due assessments or one percent of original mortgage debt, whichever is less) during the pendency of the lawsuit.  Applies to condos only.

  

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 (305) 386-1212     FAX (305) 386-5844

E-mail [email protected]

Visit our website at www.kfha.org

 

  


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