[RPPTL LandTen] FW: Distressed Condo Relief Act

Tue Feb 8 09:34:21 PST 2011

Shane -  I agree it could be tweaked to clarify "unpaid" rent vs
obligations.  However, I don't agree with your revision of the language to
limit the association's ability to demand only future rent.  The association
should be able to demand all past due rent owed to the landlord, as long as
the actual amount is known to the association.  After all the tenant was in
possession and using all common elements and services of the association.

As to the 83.60 notice, it should be given to the association within the
14-day demand period the tenant has to provide proof of payment to the
landlord.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Tuesday, February 08, 2011 12:08 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] FW: Distressed Condo Relief Act

Albert - I am not in favor of the changes. I had sent the comments below to
Neil and Scott last week, but I should include the rest of the committee, as
well. 

Shane Weaver, Esq.

Legal Aid Society of Palm Beach County

423 Fern Street, Suite 200

West Palm Beach, FL 33401

Tel. (561) 822-9785

Fax (561) 822-9885

From: Shane Weaver 
Sent: Friday, February 04, 2011 11:54 AM
To: 'Neil B. Shoter'; 'Law Offices of Scott A. Frank'
Subject: RE: Distressed Condo Relief Act

Neil and Scott,

I have finally gotten a chance to review SB 0530 amending the Condo Act. My
area of concentration is 718.116(11), dealing delinquent owners' tenants.
There is a significant problem with one of the amendments, and I believe a
few other changes not included are badly needed. It is somewhat frustrating
because I thought our committee would get the chance to collaborate and
offer input before an actual bill would be introduced. 

First, the problems with one proposed language change:

In the first paragraph of (11), the bill changes "the obligations" to "all
unpaid rent due to the association." Adding the word "unpaid" is highly
confusing, if not nonsensical. There's no "unpaid rent due to the
association" until *after* a demand has actually been made. 

Taken literally, it suggests that a tenant owes nothing to the association
as long as they were current with their landlord at the time of the
association's demand. After all, if you're current with your landlord, then
there's no "unpaid" rent. It seems as if they are conflating rent with
assessments and making a mess of it. 

This clause could state instead: "the association may make a written demand
that the tenant pay his or her rent to the association and continue to make
such payments until all monetary obligations of the unit owner related to
the unit have been paid in full to the association."

Second, there are several other changes that are badly needed.

A.            The last sentence of (11) states that tenants are immune from
a unit-owner's suit for unpaid rent only if they have "acted in good faith"
in response to the association's demand. This is a major problem. It creates
litigation over what bad faith is in a given case, and then allows rent
validly demanded by the association to revert to the landlord if he can
prove bad faith. Why is a landlord allowed to do this?  

Once the association's demand has been made, the landlord should be out of
the picture when it comes to rent. If a tenant hasn't paid, then let the
association recover it rather than letting it revert to a delinquent owner.
This subsection should state instead: "A tenant is immune from any claim by
the unit owner related to the rent once the association has made written
demand."

B.            11(a) refers to tenants "prepaying" rent. This concerned me in
the original bill and still does, because "prepaying" carries a certain
meaning-e.g., last month's rent, or paying for several months at once. The
idea was to make sure tenants don't end up owing rent to two entities in the
same rental period. 

The subsection should state instead: "If the tenant paid rent to the unit
owner for a given rental period before receiving the demand from the
association and provides written evidence of having paid the rent to the
association within 14 days ."

C.            There should be a new subsection 11(d) (bumping everything
else down a letter) that states: "The association shall not be entitled to
the full rent if the tenant has properly served the unit owner with a valid
notice of non-compliance under s. 83.60." 

Please let me know your thoughts, or where else I should direct these
comments. I believe the Housing Umbrella Group is still reviewing this bill
and may have additional input. 

Thank you,

Shane

Shane Weaver, Esq.

Legal Aid Society of Palm Beach County

423 Fern Street, Suite 200

West Palm Beach, FL 33401

Tel. (561) 822-9785

Fax (561) 822-9885

From: Neil B. Shoter [mailto:NShoter at shutts.com] 
Sent: Tuesday, January 25, 2011 11:59 AM
To: Shane Weaver
Cc: 'Law Offices of Scott A. Frank'
Subject: RE: Distressed Condo Relief Act

No, we did not meet on this. Frankly, I hadn't received much in the way of
concrete issues from those I spoke to and the Condo Committee also didn't
get on it (at least to my knowledge).   Do you have a bill number??  I wll
also check with the Condo Committee to see if they received notice of the
bill. 

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

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
 <mailto:NShoter at shutts.com> E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
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b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  <http://www.shutts.com/>
Website

  _____  

From: Shane Weaver [mailto:sweaver at legalaidpbc.org] 
Sent: Tuesday, January 25, 2011 11:56 AM
To: Neil B. Shoter
Subject: RE: Distressed Condo Relief Act

Neil,

Did this subcommittee ever move forward? I never received any follow-up
after your e-mail below, and apparently the legislature has just written a
new bill on this subject. (I haven't seen the text yet and don't know if
it's fixing glitches or something else.)

Thank you,

Shane

Shane Weaver, Esq.

Legal Aid Society of Palm Beach County

423 Fern Street, Suite 200

West Palm Beach, FL 33401

Tel. (561) 822-9785

Fax (561) 822-9885

From: Neil B. Shoter [mailto:NShoter at shutts.com] 
Sent: Thursday, September 30, 2010 4:18 PM
To: Shane Weaver
Subject: RE: Distressed Condo Relief Act

great, will let you know the dates

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

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
 <mailto:NShoter at shutts.com> E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  <http://www.shutts.com/>
Website

  _____  

From: Shane Weaver [mailto:sweaver at legalaidpbc.org] 
Sent: Thursday, September 30, 2010 3:52 PM
To: Neil B. Shoter
Subject: RE: Distressed Condo Relief Act

Neil,

I definitely would like to be included on the subcommittee. As for the week
of October 11, the 12th or 13th would be best. I can also do the 14th in the
afternoon. 

Thank you,

Shane

Shane Weaver, Esq.

Legal Aid Society of Palm Beach County

423 Fern Street, Suite 200

West Palm Beach, FL 33401

Tel. (561) 822-9785

Fax (561) 655-5269

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Thursday, September 30, 2010 3:42 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Distressed Condo Relief Act

Several of you expressed an interest at our September meeting in working on
a Subcommittee to address issues that have arisen from the Distressed Condo
Relief Act (formerly SB 1196), that became effective July 1st, and which
affects the HOA, Condo and Co-op sections of Section 718, Florida Statutes -
specifically an Association's collection of rents from tenants.

The RPPTL's Condominium and Planned Development Committee is setting us a
subcommittee to study whether a "glitch" bill to correct problems or clarify
language in this Act is needed and has invited our Committee to work
jointly.  

If you would like to participate in this subcommittee to work on this issue,
please let me know, and your availability for a call with the Condo
Committee the week of October 11th.

Thank you.

Neil   

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

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
 <mailto:NShoter at shutts.com> E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  <http://www.shutts.com/>
Website

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