[RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments

Mon Jan 4 07:18:50 PST 2010

Two issues jump out at me:

1.      They are making the tenant jointly and severally liable for
association payments, albeit limited to the amounts payable under the
lease to the Landlord. The sentence about prepaid rent is going to cause
problems and arguments, especially when the tenant tries to set off a
security deposit because they fear that the Landlord won't be around to
return in.

2.      More troublesome is the language in the Condo section where they
allow the association to deny an owner the right to occupy and grant a
right to tow a vehicle from the owner's parking space. I thought that
divestment of the ownership rights was the foreclosure or eviction
process.

Beware granting more power to the associations! 

David  Weisman

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Monday, January 04, 2010 9:53 AM
To: RPPTL Landlord Tenant Committee
Cc: Frank, Scott A.
Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments

Please provide any comments you may have on this proposed bill.  

This is another in a series of attempts to charge tenants for unpaid
condominium assessments and grant associations eviction rights, although
why they chose to put it in 83.46 is unclear.  Subsection (b) includes
all owner's monetary obligations to the association, not just
assessments.  The association has broad powers to deny or withhold
common area use by the tenant other than access or ingress.

 <http://www.shutts.com/shutts100.jpg> 

Neil B. Shoter 
Partner / LEED Accredited Professional  

________________________________

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________________________________

	From: Alan Fields [mailto:abfields at mindspring.com] 
	Sent: Sunday, January 03, 2010 6:29 PM
	To: Freedman, Robert S.; kfernandez at kfernandez.fdn.com;
homer.duvall at hklaw.com; 'Salome Zikakis'; wsobien at firstam.com
	Cc: mjgelfand at gelfandarpe.com; Meyer, George J.;
jbn at floridalandlaw.com
	Subject: HB 329 Condo Assessments Bank Payments

	Here is another bill for comment from your respective
committees.

	This bill  requires certain tenants to pay rent moneys owed
directly to association.   This is placed in chapter 84, which may be
the wrong place; allows association to deny vote, use of property and
common areas; requires mortgagee to request estoppel letter from
association and pay fee for the estoppels of up to $50 prior to filing
foreclosure action under penalty of dismissal; Requires lender to pay
association 6 months of assessments w/I 30 days after filing foreclosure
suit.  (Glitch, it appears to require this whether the assessments are
current or not).  If foreclosure is still pending after 1 year,
mortgagee pays all outstanding assessments and all future assessments.
Penalty for non-payment is dismissal of foreclosure and attorney fees to
association. 

	I recommend opposition as this increases exposure of banks and
will limit future lending against condominium projects and may push
Florida condos outside of Fannie/Freddie guidelines and a technical
change to move most of chapter 84 provisions to 718, including only a
cross reference in chapter 84.

	Happy New Year.

	Alan B. Fields

	1129 Venetian Harbor Drive NE

	St. Petersburg, FL 33702

	813-421-3821

	c)  727-773-6664

	abfields at mindspring.com

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