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A bill to be
entitled |
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An act relating to
community associations; amending s. |
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718.1124, F.S., and
creating ss. 719.1124 and 720.3053, |
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F.S.; providing for
notification of a unit owner's or |
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member's intent to
petition for the appointment of a |
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receiver if an
association's governing board fails to fill |
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vacancies sufficient to
constitute a quorum; providing for |
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written notice to unit
owners or members of any such |
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appointment; requiring the
salary of the receiver and |
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certain costs and fees to
be paid by the association; |
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providing powers, duties,
and term of service of the |
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receiver; amending s.
718.117, F.S., and creating ss. |
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718.127, 719.127, and
720.313, F.S.; specifying |
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receivership notification
requirements with respect to |
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condominium associations,
cooperative associations, and |
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homeowners' associations;
amending s. 718.121, F.S.; |
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providing requirements and
restrictions for liens filed by |
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the association against a
condominium unit; providing for |
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notice and delivery
thereof; amending s. 719.108, F.S.; |
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prohibiting a lien from
being filed against a condominium |
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unit or cooperative parcel
until 30 days after service of |
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a notice of intent to file
the lien; amending s. 720.305, |
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F.S.; deleting
notification requirements for the |
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appointment of a receiver
under specified circumstances |
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for matters relating to
homeowners' associations; |
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providing an effective
date. |
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|
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Be It Enacted by the
Legislature of the State of Florida: |
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|
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Section
1. Section 718.1124, Florida Statutes, is amended |
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to read: |
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718.1124 Failure
to fill vacancies on board of |
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administration sufficient
to constitute a quorum; appointment of |
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receiver upon petition of
unit owner.-- |
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(1) If
an association fails to fill vacancies on the board |
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of administration
sufficient to constitute a quorum in |
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accordance with the
bylaws, any unit owner may give notice of |
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his
or her intent to apply to the circuit court within whose |
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jurisdiction the
condominium lies for the appointment of a |
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receiver to manage the
affairs of the association. The form of |
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the
notice shall be as follows: |
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|
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NOTICE
OF INTENT TO APPLY FOR RECEIVERSHIP |
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|
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YOU ARE
HEREBY NOTIFIED that the undersigned owner of |
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a
condominium unit in (name of condominium) intends |
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to file
a petition in the circuit court for |
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appointment
of a receiver to manage the affairs of the |
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association
on the grounds that the association has |
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failed
to fill vacancies on the board of |
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administration
sufficient to constitute a quorum. This |
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petition
will not be filed if the vacancies are filled |
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within
30 days after the date on which this notice was |
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sent or
posted, whichever is later. If a receiver is |
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appointed,
the receiver shall have all of the powers |
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of the
board and shall be entitled to receive a salary |
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and
reimbursement of all costs and attorney's fees |
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payable
from association funds. |
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|
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(name
and address of petitioning unit owner) |
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|
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(2) The
notice required by subsection (1) must be provided |
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by
At least 30 days prior to applying to the
circuit court, the |
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unit owner shall
mail to the association by
certified mail or |
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personal
delivery, must be posted and
post in a conspicuous |
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place on the condominium
property, and must be provided to every |
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unit
owner of the association by certified mail or personal |
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delivery.
The a notice must
be posted and mailed or delivered at |
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least
30 days prior to the filing of a petition seeking |
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receivership.
Notice by mail to a unit owner shall be sent to |
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the
address used by the county property appraiser for notice to |
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the
unit owner describing the
intended action, giving the |
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association
the opportunity to fill the vacancies. |
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(3) If
during such time the association
fails to fill the |
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vacancies within
30 days after the notice required by subsection |
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(1)
is posted and mailed or delivered, the unit owner may |
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proceed with the petition. |
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(4) If
a receiver is appointed, all unit owners
shall be |
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given
written notice of such appointment as provided in s. |
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718.127. |
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(5) The
association shall be responsible for the salary of |
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the receiver, court costs,
and attorney's fees. The receiver |
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shall have all powers and
duties of a duly constituted board of |
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administration and shall
serve until the association fills |
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vacancies on the board
sufficient to constitute a quorum and the |
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court
relieves the receiver of the appointment. |
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Section
2. Paragraph (a) of subsection (7) of section |
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718.117, Florida Statutes,
is amended to read: |
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718.117 Termination
of condominium.-- |
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(7) NATURAL
DISASTERS.-- |
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(a) If,
after a natural disaster, the identity of the |
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directors or their right
to hold office is in doubt, if they are |
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deceased or unable to act,
if they fail or refuse to act, or if |
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they cannot be located,
any interested person may petition the |
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circuit court to determine
the identity of the directors or, if |
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found to be in the best
interests of the unit owners, to appoint |
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a receiver to conclude the
affairs of the association after a |
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hearing following notice
to such persons as the court directs. |
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Lienholders shall be given
notice of the petition and have the |
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right to propose persons
for the consideration by the court as |
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receiver. If
a receiver is appointed, the court shall direct the |
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receiver
to provide to all unit owners written notice of his or |
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her
appointment as receiver. Such notice shall be mailed or |
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delivered
within 10 days after the appointment. Notice by mail |
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to a
unit owner shall be sent to the address used by the county |
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property
appraiser for notice to the unit owner. |
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Section
3. Subsection (4) is added to section 718.121, |
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Florida Statutes, to read: |
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718.121 Liens.-- |
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(4) Except
as otherwise provided in this chapter, no lien |
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may be
filed by the association against a condominium unit until |
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30 days
after the date on which a notice of intent to file a |
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lien
has been delivered to the owner by registered or certified |
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mail,
return receipt requested, and by first-class United States |
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mail to
the owner at his or her last address as reflected in the |
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records
of the association, if the address is within the United |
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States,
and delivered to the owner at the address of the unit if |
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the
owner's address as reflected in the records of the |
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association
is not the unit address. If the address reflected in |
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the
records is outside the United States, sending the notice to |
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that
address and to the unit address by first-class United |
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States
mail is sufficient. Delivery of the notice shall be |
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deemed
given upon mailing as required by this subsection. |
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Section
4. Section 718.127, Florida Statutes, is created |
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to read: |
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718.127 Receivership
notification.--Upon the appointment |
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of a
receiver by a court for any reason relating to a |
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condominium
association, the court shall direct the receiver to |
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provide
to all unit owners written notice of his or her |
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appointment
as receiver. Such notice shall be mailed or |
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delivered
within 10 days after the appointment. Notice by mail |
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to a
unit owner shall be sent to the address used by the county |
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property
appraiser for notice to the unit owner. |
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Section
5. Subsection (4) of section 719.108, Florida |
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Statutes, is amended to
read: |
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719.108 Rents
and assessments; liability; lien and |
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priority; interest;
collection; cooperative ownership.-- |
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(4) The
association shall have a lien on each cooperative |
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parcel for any unpaid
rents and assessments, plus interest, |
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against the unit owner of
the cooperative parcel. If authorized |
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by the cooperative
documents, said lien shall also secure |
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reasonable attorney's fees
incurred by the association incident |
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to the collection of the
rents and assessments or enforcement of |
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such lien. The lien is
effective from and after the recording of |
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a claim of lien in the
public records in the county in which the |
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cooperative parcel is
located which states the description of |
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the cooperative parcel,
the name of the unit owner, the amount |
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due, and the due dates.
The lien shall expire if a claim of lien |
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is not filed within 1 year
after the date the assessment was |
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due, and no such lien
shall continue for a longer period than 1 |
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year after the claim of
lien has been recorded unless, within |
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that time, an action to
enforce the lien is commenced in a court |
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of competent jurisdiction.
No lien may be filed by the |
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association
against a cooperative parcel until 30 days after the |
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date on
which a notice of intent to file a lien has been served |
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on the
unit owner of the cooperative parcel by certified mail or |
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by
personal service in the manner authorized by chapter 48 and |
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the
Florida Rules of Civil Procedure. |
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Section
6. Section 719.1124, Florida Statutes, is created |
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to read: |
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719.1124 Failure
to fill vacancies on board of |
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administration
sufficient to constitute a quorum; appointment of |
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receiver
upon petition of unit owner.-- |
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(1) If
an association fails to fill vacancies on the board |
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of
administration sufficient to constitute a quorum in |
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accordance
with the bylaws, any unit owner may give notice of |
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his or
her intent to apply to the circuit court within whose |
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jurisdiction
the cooperative lies for the appointment of a |
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receiver
to manage the affairs of the association. The form of |
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the
notice shall be as follows: |
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|
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NOTICE
OF INTENT TO APPLY FOR RECEIVERSHIP |
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|
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YOU ARE
HEREBY NOTIFIED that the undersigned owner of |
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a unit
in (name of cooperative) intends to file a |
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petition
in the circuit court for appointment of a |
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receiver
to manage the affairs of the association on |
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the
grounds that the association has failed to fill |
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vacancies
on the board of administration sufficient to |
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constitute
a quorum. This petition will not be filed |
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if the
vacancies are filled within 30 days after the |
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date on
which this notice was sent or posted, |
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whichever
is later. If a receiver is appointed, the |
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receiver
shall have all of the powers of the board and |
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shall
be entitled to receive a salary and |
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reimbursement
of all costs and attorney's fees payable |
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from
association funds. |
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|
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(name
and address of petitioning unit owner) |
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|
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(2) The
notice required by subsection (1) must be provided |
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by the
unit owner to the association by certified mail or |
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personal
delivery, must be posted in a conspicuous place on the |
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cooperative
property, and must be provided to every unit owner |
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of the
association by certified mail or personal delivery. The |
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notice
must be posted and mailed or delivered at least 30 days |
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prior
to the filing of a petition seeking receivership. Notice |
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by mail
to a unit owner shall be sent to the address used by the |
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county
property appraiser for notice to the unit owner. |
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(3) If
the association fails to fill the vacancies within |
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30 days
after the notice required by subsection (1) is posted |
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and
mailed or delivered, the unit owner may proceed with the |
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petition. |
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(4) If
a receiver is appointed, all unit owners shall be |
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given
written notice of such appointment as provided in s. |
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719.127. |
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(5) The
association shall be responsible for the salary of |
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the
receiver, court costs, and attorney's fees. The receiver |
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shall
have all powers and duties of a duly constituted board of |
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administration
and shall serve until the association fills |
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vacancies
on the board sufficient to constitute a quorum and the |
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court
relieves the receiver of the appointment. |
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Section
7. Section 719.127, Florida Statutes, is created |
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to read: |
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719.127 Receivership
notification.--Upon the appointment |
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of a
receiver by a court for any reason relating to a |
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cooperative
association, the court shall direct the receiver to |
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provide
to all unit owners written notice of his or her |
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appointment
as receiver. Such notice shall be mailed or |
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delivered
within 10 days after the appointment. Notice by mail |
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to a
unit owner shall be sent to the address used by the county |
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property
appraiser for notice to the unit owner. |
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Section
8. Subsection (4) of section 720.305, Florida |
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Statutes, is amended to
read: |
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720.305 Obligations
of members; remedies at law or in |
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equity; levy of fines and
suspension of use rights; failure to |
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fill
sufficient number of vacancies on board of directors to |
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constitute
a quorum; appointment of receiver upon petition of |
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any
member.-- |
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(4) If
an association fails to fill vacancies on the board |
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of
directors sufficient to constitute a quorum in accordance |
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with
the bylaws, any member may apply to the circuit court that |
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has
jurisdiction over the community served by the association |
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for the
appointment of a receiver to manage the affairs of the |
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association.
At least 30 days before applying to the circuit |
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court,
the member shall mail to the association, by certified or |
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registered
mail, and post, in a conspicuous place on the |
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property
of the community served by the association, a notice |
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describing
the intended action, giving the association 30 days |
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to fill
the vacancies. If during such time the association fails |
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to fill
a sufficient number of vacancies so that a quorum can be |
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assembled,
the member may proceed with the petition. If a |
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receiver
is appointed, the homeowners' association shall be |
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responsible
for the salary of the receiver, court costs, |
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attorney's
fees, and all other expenses of the receivership. The |
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receiver
has all the powers and duties of a duly constituted |
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board
of directors and shall serve until the association fills a |
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sufficient
number of vacancies on the board so that a quorum can |
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be
assembled. |
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Section
9. Section 720.3053, Florida Statutes, is created |
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to read: |
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720.3053 Failure
to fill vacancies on board of directors |
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sufficient
to constitute a quorum; appointment of receiver upon |
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petition
of member.-- |
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(1) If
an association fails to fill vacancies on the board |
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of
directors sufficient to constitute a quorum in accordance |
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with
the bylaws, any member may give notice of the member's |
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intent
to apply to the circuit court within whose jurisdiction |
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the
association lies for the appointment of a receiver to manage |
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the
affairs of the association. The form of the notice shall be |
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as
follows: |
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|
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NOTICE
OF INTENT TO APPLY FOR RECEIVERSHIP |
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|
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YOU ARE
HEREBY NOTIFIED that the undersigned member of |
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(name
of homeowners' association) intends to file a |
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petition
in the circuit court for appointment of a |
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receiver
to manage the affairs of the association on |
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the
grounds that the association has failed to fill |
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vacancies
on the board of directors sufficient to |
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constitute
a quorum. This petition will not be filed |
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if the
vacancies are filled within 30 days after the |
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date on
which this notice was sent or posted, |
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whichever
is later. If a receiver is appointed, the |
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receiver
shall have all of the powers of the board and |
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shall
be entitled to receive a salary and |
| 277 |
reimbursement
of all costs and attorney's fees payable |
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from
association funds. |
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|
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(name
and address of petitioning member) |
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|
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(2) The
notice required by subsection (1) must be provided |
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by the
member to the association by certified mail or personal |
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delivery,
must be posted in a conspicuous place within the |
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homeowners'
association, and must be provided to every member of |
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the
association by certified mail or personal delivery. The |
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notice
must be posted and mailed or delivered at least 30 days |
| 288 |
prior
to the filing of a petition seeking receivership. Notice |
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by mail
to a member shall be sent to the address used by the |
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county
property appraiser for notice to the member. |
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(3) If
the association fails to fill the vacancies within |
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30 days
after the notice required by subsection (1) is posted |
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and
mailed or delivered, the member may proceed with the |
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petition. |
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(4) If
a receiver is appointed, all members shall be given |
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written
notice of such appointment as provided in s. 720.313. |
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(5) The
association shall be responsible for the salary of |
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the
receiver, court costs, and attorney's fees. The receiver |
| 299 |
shall
have all powers and duties of a duly constituted board of |
| 300 |
directors
and shall serve until the association fills vacancies |
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on the
board sufficient to constitute a quorum and the court |
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relieves
the receiver of the appointment. |
| 303 |
Section
10. Section 720.313, Florida Statutes, is created |
| 304 |
to read: |
| 305 |
720.313 Receivership
notification.--Upon the appointment |
| 306 |
of a
receiver by a court for any reason relating to a |
| 307 |
homeowners'
association, the court shall direct the receiver to |
| 308 |
provide
to all members written notice of his or her appointment |
| 309 |
as
receiver. Such notice shall be mailed or delivered within 10 |
| 310 |
days
after the appointment. Notice by mail to a member shall be |
| 311 |
sent to
the address used by the county property appraiser for |
| 312 |
notice
to the owner of the property. |
| 313 |
Section
11. This act shall take effect July 1, 2008. |