CS/HB 1105

1
A bill to be entitled
2An act relating to community associations; amending s.
3718.1124, F.S., and creating ss. 719.1124 and 720.3053,
4F.S.; providing for notification of a unit owner's or
5member's intent to petition for the appointment of a
6receiver if an association's governing board fails to fill
7vacancies sufficient to constitute a quorum; providing for
8written notice to unit owners or members of any such
9appointment; requiring the salary of the receiver and
10certain costs and fees to be paid by the association;
11providing powers, duties, and term of service of the
12receiver; amending s. 718.117, F.S., and creating ss.
13718.127, 719.127, and 720.313, F.S.; specifying
14receivership notification requirements with respect to
15condominium associations, cooperative associations, and
16homeowners' associations; amending s. 718.121, F.S.;
17providing requirements and restrictions for liens filed by
18the association against a condominium unit; providing for
19notice and delivery thereof; amending s. 719.108, F.S.;
20prohibiting a lien from being filed against a condominium
21unit or cooperative parcel until 30 days after service of
22a notice of intent to file the lien; amending s. 720.305,
23F.S.; deleting notification requirements for the
24appointment of a receiver under specified circumstances
25for matters relating to homeowners' associations;
26providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 718.1124, Florida Statutes, is amended
31to read:
32     718.1124  Failure to fill vacancies on board of
33administration sufficient to constitute a quorum; appointment of
34receiver upon petition of unit owner.--
35     (1)  If an association fails to fill vacancies on the board
36of administration sufficient to constitute a quorum in
37accordance with the bylaws, any unit owner may give notice of
38his or her intent to apply to the circuit court within whose
39jurisdiction the condominium lies for the appointment of a
40receiver to manage the affairs of the association. The form of
41the notice shall be as follows:
42
43
NOTICE OF INTENT TO APPLY FOR RECEIVERSHIP
44
45YOU ARE HEREBY NOTIFIED that the undersigned owner of
46a condominium unit in  (name of condominium)  intends
47to file a petition in the circuit court for
48appointment of a receiver to manage the affairs of the
49association on the grounds that the association has
50failed to fill vacancies on the board of
51administration sufficient to constitute a quorum. This
52petition will not be filed if the vacancies are filled
53within 30 days after the date on which this notice was
54sent or posted, whichever is later. If a receiver is
55appointed, the receiver shall have all of the powers
56of the board and shall be entitled to receive a salary
57and reimbursement of all costs and attorney's fees
58payable from association funds.
59
60(name and address of petitioning unit owner)
61
62     (2)  The notice required by subsection (1) must be provided
63by At least 30 days prior to applying to the circuit court, the
64unit owner shall mail to the association by certified mail or
65personal delivery, must be posted and post in a conspicuous
66place on the condominium property, and must be provided to every
67unit owner of the association by certified mail or personal
68delivery. The a notice must be posted and mailed or delivered at
69least 30 days prior to the filing of a petition seeking
70receivership. Notice by mail to a unit owner shall be sent to
71the address used by the county property appraiser for notice to
72the unit owner describing the intended action, giving the
73association the opportunity to fill the vacancies.
74     (3)  If during such time the association fails to fill the
75vacancies within 30 days after the notice required by subsection
76(1) is posted and mailed or delivered, the unit owner may
77proceed with the petition.
78     (4)  If a receiver is appointed, all unit owners shall be
79given written notice of such appointment as provided in s.
80718.127.
81     (5)  The association shall be responsible for the salary of
82the receiver, court costs, and attorney's fees. The receiver
83shall have all powers and duties of a duly constituted board of
84administration and shall serve until the association fills
85vacancies on the board sufficient to constitute a quorum and the
86court relieves the receiver of the appointment.
87     Section 2.  Paragraph (a) of subsection (7) of section
88718.117, Florida Statutes, is amended to read:
89     718.117  Termination of condominium.--
90     (7)  NATURAL DISASTERS.--
91     (a)  If, after a natural disaster, the identity of the
92directors or their right to hold office is in doubt, if they are
93deceased or unable to act, if they fail or refuse to act, or if
94they cannot be located, any interested person may petition the
95circuit court to determine the identity of the directors or, if
96found to be in the best interests of the unit owners, to appoint
97a receiver to conclude the affairs of the association after a
98hearing following notice to such persons as the court directs.
99Lienholders shall be given notice of the petition and have the
100right to propose persons for the consideration by the court as
101receiver. If a receiver is appointed, the court shall direct the
102receiver to provide to all unit owners written notice of his or
103her appointment as receiver. Such notice shall be mailed or
104delivered within 10 days after the appointment. Notice by mail
105to a unit owner shall be sent to the address used by the county
106property appraiser for notice to the unit owner.
107     Section 3.  Subsection (4) is added to section 718.121,
108Florida Statutes, to read:
109     718.121  Liens.--
110     (4)  Except as otherwise provided in this chapter, no lien
111may be filed by the association against a condominium unit until
11230 days after the date on which a notice of intent to file a
113lien has been delivered to the owner by registered or certified
114mail, return receipt requested, and by first-class United States
115mail to the owner at his or her last address as reflected in the
116records of the association, if the address is within the United
117States, and delivered to the owner at the address of the unit if
118the owner's address as reflected in the records of the
119association is not the unit address. If the address reflected in
120the records is outside the United States, sending the notice to
121that address and to the unit address by first-class United
122States mail is sufficient. Delivery of the notice shall be
123deemed given upon mailing as required by this subsection.
124     Section 4.  Section 718.127, Florida Statutes, is created
125to read:
126     718.127  Receivership notification.--Upon the appointment
127of a receiver by a court for any reason relating to a
128condominium association, the court shall direct the receiver to
129provide to all unit owners written notice of his or her
130appointment as receiver. Such notice shall be mailed or
131delivered within 10 days after the appointment. Notice by mail
132to a unit owner shall be sent to the address used by the county
133property appraiser for notice to the unit owner.
134     Section 5.  Subsection (4) of section 719.108, Florida
135Statutes, is amended to read:
136     719.108  Rents and assessments; liability; lien and
137priority; interest; collection; cooperative ownership.--
138     (4)  The association shall have a lien on each cooperative
139parcel for any unpaid rents and assessments, plus interest,
140against the unit owner of the cooperative parcel. If authorized
141by the cooperative documents, said lien shall also secure
142reasonable attorney's fees incurred by the association incident
143to the collection of the rents and assessments or enforcement of
144such lien. The lien is effective from and after the recording of
145a claim of lien in the public records in the county in which the
146cooperative parcel is located which states the description of
147the cooperative parcel, the name of the unit owner, the amount
148due, and the due dates. The lien shall expire if a claim of lien
149is not filed within 1 year after the date the assessment was
150due, and no such lien shall continue for a longer period than 1
151year after the claim of lien has been recorded unless, within
152that time, an action to enforce the lien is commenced in a court
153of competent jurisdiction. No lien may be filed by the
154association against a cooperative parcel until 30 days after the
155date on which a notice of intent to file a lien has been served
156on the unit owner of the cooperative parcel by certified mail or
157by personal service in the manner authorized by chapter 48 and
158the Florida Rules of Civil Procedure.
159     Section 6.  Section 719.1124, Florida Statutes, is created
160to read:
161     719.1124  Failure to fill vacancies on board of
162administration sufficient to constitute a quorum; appointment of
163receiver upon petition of unit owner.--
164     (1)  If an association fails to fill vacancies on the board
165of administration sufficient to constitute a quorum in
166accordance with the bylaws, any unit owner may give notice of
167his or her intent to apply to the circuit court within whose
168jurisdiction the cooperative lies for the appointment of a
169receiver to manage the affairs of the association. The form of
170the notice shall be as follows:
171
172
NOTICE OF INTENT TO APPLY FOR RECEIVERSHIP
173
174YOU ARE HEREBY NOTIFIED that the undersigned owner of
175a unit in  (name of cooperative)  intends to file a
176petition in the circuit court for appointment of a
177receiver to manage the affairs of the association on
178the grounds that the association has failed to fill
179vacancies on the board of administration sufficient to
180constitute a quorum. This petition will not be filed
181if the vacancies are filled within 30 days after the
182date on which this notice was sent or posted,
183whichever is later. If a receiver is appointed, the
184receiver shall have all of the powers of the board and
185shall be entitled to receive a salary and
186reimbursement of all costs and attorney's fees payable
187from association funds.
188
189(name and address of petitioning unit owner)
190
191     (2)  The notice required by subsection (1) must be provided
192by the unit owner to the association by certified mail or
193personal delivery, must be posted in a conspicuous place on the
194cooperative property, and must be provided to every unit owner
195of the association by certified mail or personal delivery. The
196notice must be posted and mailed or delivered at least 30 days
197prior to the filing of a petition seeking receivership. Notice
198by mail to a unit owner shall be sent to the address used by the
199county property appraiser for notice to the unit owner.
200     (3)  If the association fails to fill the vacancies within
20130 days after the notice required by subsection (1) is posted
202and mailed or delivered, the unit owner may proceed with the
203petition.
204     (4)  If a receiver is appointed, all unit owners shall be
205given written notice of such appointment as provided in s.
206719.127.
207     (5)  The association shall be responsible for the salary of
208the receiver, court costs, and attorney's fees. The receiver
209shall have all powers and duties of a duly constituted board of
210administration and shall serve until the association fills
211vacancies on the board sufficient to constitute a quorum and the
212court relieves the receiver of the appointment.
213     Section 7.  Section 719.127, Florida Statutes, is created
214to read:
215     719.127  Receivership notification.--Upon the appointment
216of a receiver by a court for any reason relating to a
217cooperative association, the court shall direct the receiver to
218provide to all unit owners written notice of his or her
219appointment as receiver. Such notice shall be mailed or
220delivered within 10 days after the appointment. Notice by mail
221to a unit owner shall be sent to the address used by the county
222property appraiser for notice to the unit owner.
223     Section 8.  Subsection (4) of section 720.305, Florida
224Statutes, is amended to read:
225     720.305  Obligations of members; remedies at law or in
226equity; levy of fines and suspension of use rights; failure to
227fill sufficient number of vacancies on board of directors to
228constitute a quorum; appointment of receiver upon petition of
229any member.--
230     (4)  If an association fails to fill vacancies on the board
231of directors sufficient to constitute a quorum in accordance
232with the bylaws, any member may apply to the circuit court that
233has jurisdiction over the community served by the association
234for the appointment of a receiver to manage the affairs of the
235association. At least 30 days before applying to the circuit
236court, the member shall mail to the association, by certified or
237registered mail, and post, in a conspicuous place on the
238property of the community served by the association, a notice
239describing the intended action, giving the association 30 days
240to fill the vacancies. If during such time the association fails
241to fill a sufficient number of vacancies so that a quorum can be
242assembled, the member may proceed with the petition. If a
243receiver is appointed, the homeowners' association shall be
244responsible for the salary of the receiver, court costs,
245attorney's fees, and all other expenses of the receivership. The
246receiver has all the powers and duties of a duly constituted
247board of directors and shall serve until the association fills a
248sufficient number of vacancies on the board so that a quorum can
249be assembled.
250     Section 9.  Section 720.3053, Florida Statutes, is created
251to read:
252     720.3053  Failure to fill vacancies on board of directors
253sufficient to constitute a quorum; appointment of receiver upon
254petition of member.--
255     (1)  If an association fails to fill vacancies on the board
256of directors sufficient to constitute a quorum in accordance
257with the bylaws, any member may give notice of the member's
258intent to apply to the circuit court within whose jurisdiction
259the association lies for the appointment of a receiver to manage
260the affairs of the association. The form of the notice shall be
261as follows:
262
263
NOTICE OF INTENT TO APPLY FOR RECEIVERSHIP
264
265YOU ARE HEREBY NOTIFIED that the undersigned member of  
266(name of homeowners' association)  intends to file a
267petition in the circuit court for appointment of a
268receiver to manage the affairs of the association on
269the grounds that the association has failed to fill
270vacancies on the board of directors sufficient to
271constitute a quorum. This petition will not be filed
272if the vacancies are filled within 30 days after the
273date on which this notice was sent or posted,
274whichever is later. If a receiver is appointed, the
275receiver shall have all of the powers of the board and
276shall be entitled to receive a salary and
277reimbursement of all costs and attorney's fees payable
278from association funds.
279
280(name and address of petitioning member)
281
282     (2)  The notice required by subsection (1) must be provided
283by the member to the association by certified mail or personal
284delivery, must be posted in a conspicuous place within the
285homeowners' association, and must be provided to every member of
286the association by certified mail or personal delivery. The  
287notice must be posted and mailed or delivered at least 30 days
288prior to the filing of a petition seeking receivership. Notice
289by mail to a member shall be sent to the address used by the
290county property appraiser for notice to the member.
291     (3)  If the association fails to fill the vacancies within
29230 days after the notice required by subsection (1) is posted
293and mailed or delivered, the member may proceed with the
294petition.
295     (4)  If a receiver is appointed, all members shall be given
296written notice of such appointment as provided in s. 720.313.
297     (5)  The association shall be responsible for the salary of
298the receiver, court costs, and attorney's fees. The receiver
299shall have all powers and duties of a duly constituted board of
300directors and shall serve until the association fills vacancies
301on the board sufficient to constitute a quorum and the court
302relieves the receiver of the appointment.
303     Section 10.  Section 720.313, Florida Statutes, is created
304to read:
305     720.313  Receivership notification.--Upon the appointment
306of a receiver by a court for any reason relating to a
307homeowners' association, the court shall direct the receiver to
308provide to all members written notice of his or her appointment
309as receiver. Such notice shall be mailed or delivered within 10
310days after the appointment. Notice by mail to a member shall be
311sent to the address used by the county property appraiser for
312notice to the owner of the property.
313     Section 11.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.