[RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments
harry at evict.com
harry at evict.com
Mon Jan 4 18:31:48 PST 2010
Based on my experience over the past 20 years writing and getting passed
many changes to Section 83, if it does not get fought or tied up in too many
committees, it will pass.
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: <http://www.evict.com/> www.evict.com
Email: <mailto:harry at evict.com> 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 Cary Sabol
Sent: Monday, January 04, 2010 8:53 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments
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
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--- 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
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.
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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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