[RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments
harry at evict.com
harry at evict.com
Mon Jan 4 07:36:49 PST 2010
Hello All,
It would be good to get in touch with whoever is pushing this and find out
who their lobbyist is so we can work together sooner rather than later on
any adjustments.
So far now we have the foreclosure bill, the domestic violence bill and this
bill to deal with.
The domestic violence bill is back after being successfully defeated last
year and the proponents have refused to remove the language in it that will
prevent a landlord from denying an applicant even if it is found out that
the applicant was a cause of or active participant in incidents of domestic
violence, damage to property, injury to persons etc. As long as a person is
defined as a "domestic violence victim" they can get out of a lease
obligation. This is major. The domestic violence bill creates a "super"
protected class unlike no other and will be in FS 83 if passed.
Please see
http://www.flsenate.gov/data/session/2010/Senate/bills/billtext/pdf/s0786.pd
f
Harry Heist
LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com <http://www.evict.com/>
Email: harry at evict.com
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Monday, January 04, 2010 10:19 AM
To: RPPTL Landlord Tenant Committee
Cc: Frank, Scott A.
Subject: Re: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments
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
cid:image003.png at 01C9C405.DE5F2DF0
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.
Image removed by sender.
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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