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

Mon Jan 4 17:53:29 PST 2010

This bill is great for associations, but quite a burden on the other parties concerned (i.e. tenants and lenders).  Once the public becomes aware of its practical effects, it will probably have quite a chilling effect on the ability to rent condo units altogether.  What do you think it's chances of passing are?

Cary

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This e-mail transmission and any attachments to it are confidential and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained herein is STRICTLY PROHIBITED. 

--- On Mon, 1/4/10, Neil B. Shoter <NShoter at shutts.com> wrote:

From: Neil B. Shoter <NShoter at shutts.com>
Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments
To: "RPPTL Landlord Tenant Committee" <landten at lists.flabarrpptl.org>
Cc: "Frank, Scott A." <SAFrank at arnstein.com>
Date: Monday, January 4, 2010, 9:52 AM

 _filtered #yiv916669992 {
font-family:Cambria Math;}
 _filtered #yiv916669992 {
font-family:Calibri;}
 _filtered #yiv916669992 {margin:1.0in 1.0in 1.0in 1.0in;}
#yiv916669992 P.MsoNormal {
FONT-SIZE:11pt;MARGIN:0in 0in 0pt;FONT-FAMILY:"Calibri", "sans-serif";}
#yiv916669992 LI.MsoNormal {
FONT-SIZE:11pt;MARGIN:0in 0in 0pt;FONT-FAMILY:"Calibri", "sans-serif";}
#yiv916669992 DIV.MsoNormal {
FONT-SIZE:11pt;MARGIN:0in 0in 0pt;FONT-FAMILY:"Calibri", "sans-serif";}
#yiv916669992 A:link {
COLOR:blue;TEXT-DECORATION:underline;}
#yiv916669992 SPAN.MsoHyperlink {
COLOR:blue;TEXT-DECORATION:underline;}
#yiv916669992 A:visited {
COLOR:purple;TEXT-DECORATION:underline;}
#yiv916669992 SPAN.MsoHyperlinkFollowed {
COLOR:purple;TEXT-DECORATION:underline;}
#yiv916669992 SPAN.EmailStyle17 {
COLOR:windowtext;FONT-FAMILY:"Calibri", "sans-serif";}
#yiv916669992 .MsoChpDefault {
}
#yiv916669992 DIV.Section1 {
}

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.

Neil B. Shoter 
Partner / LEED Accredited Professional  

Shutts & Bowen LLP 
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail | Biography | V-Card | Website

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

CONFIDENTIALITY: Unless expressly stated otherwise, this message is confidential and may be privileged.  It is intended for the addressee(s) only.  Access to this e-mail by anyone else is unauthorized.  If you are not an addressee, any disclosure or copying of the contents of this e-mail or any action taken in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately. 

Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein.

 IRS CIRCULAR 230 NOTICE:   Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose 
of avoiding penalties that may be imposed under U.S. tax 
law.  If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any 
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a 
person other than the sender or this firm of that 
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential.  If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited.  If you have
received this email in error, please notify the sender by
email reply.  Thank you.

-----Inline Attachment Follows-----

_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/mailman/private/landten/attachments/20100104/27daf665/attachment.html 