Amendment
Bill No. CS/CS/CS/HB 27
Amendment No. 139987
CHAMBER ACTION
Senate House
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1Representative Robaina offered the following:
2
3     Amendment (with title amendment)
4     Between lines 831 and 832, insert:
5     Section 8.  Section (8) is added to section 720.3085,
6Florida Statutes, to read:
7     720.3085  Payment for assessments; lien claims.--
8     (8)  During the pendency of any foreclosure action of a
9parcel within a homeowners' association, if the home is occupied
10by a tenant and the parcel owner is delinquent in the payment of
11regular assessments, the association may demand that the tenant
12pay to the association the future regular assessments related to
13the parcel. The demand shall be continuing in nature, and upon
14demand the tenant shall continue to pay the regular assessments
15to the association until the association releases the tenant or
16the tenant discontinues tenancy in the unit. The association
17shall mail written notice to the parcel owner of the
18association's demand that the tenant pay regular assessments to
19the association. The tenant shall not be liable for increases in
20the amount of the regular assessment due unless the tenant was
21reasonably notified of the increase prior to the day that the
22rent is due. The tenant shall be given a credit against rents
23due to the parcel owner in the amount of assessments paid to the
24association. The association shall, upon request, provide the
25tenant with written receipts for payments made. The association
26may issue notices under s. 83.56 and may sue for eviction under
27ss. 83.59-83.625 as if the association were a landlord under
28part II of chapter 83 should the tenant fail to pay an
29assessment. However, the association shall not otherwise be
30considered a landlord under chapter 83 and shall specifically
31not have any duty under s. 83.51. The tenant shall not, by
32virtue of payment of assessments, have any of the rights of a
33unit owner to vote in any election or to examine the books and
34records of the association. A court may supersede the effect of
35this subsection by appointing a receiver.
36     Section 9.  Section 720.3095, Florida Statutes, is created
37to read:
38     720.3095  Management and maintenance agreements entered
39into by the association.--
40     (1)  A written contract between a party contracting to
41provide maintenance or management services and an association
42which provides for operation, maintenance, or management of a
43homeowners' association is not valid or enforceable unless the
44contract:
45     (a)  Specifies the services, obligations, and
46responsibilities of the party contracting to provide maintenance
47or management services to the unit owners.
48     (b)  Specifies those costs incurred in the performance of
49those services, obligations, or responsibilities which are to be
50reimbursed by the association to the party contracting to
51provide maintenance or management services.
52     (c)  Provides an indication of how often each service,
53obligation, or responsibility is to be performed, whether stated
54for each service, obligation, or responsibility or in categories
55thereof.
56     (d)  Specifies a minimum number of personnel to be employed
57by the party contracting to provide maintenance or management
58services for the purpose of providing service to the
59association.
60     (e)  Discloses any financial or ownership interest which
61the developer, if the developer is in control of the
62association, holds with regard to the party contracting to
63provide maintenance or management services.
64     (f)  Discloses any financial or ownership interest a board
65member or any party providing maintenance or management services
66to the association holds with the contracting party.
67     (2)  In any case in which the party contracting to provide
68maintenance or management services fails to provide such
69services in accordance with the contract, the association is
70authorized to procure such services from some other party and
71shall be entitled to collect any fees or charges paid for
72services performed by another party from the party contracting
73to provide maintenance or management services.
74     (3)  Any services or obligations not stated on the face of
75the contract shall be unenforceable.
76     (4)  Notwithstanding the fact that certain vendors contract
77with associations to maintain equipment or property which is
78made available to serve unit owners, it is the intent of the
79Legislature that this section applies to contracts for
80maintenance or management services for which the association
81pays compensation. This section does not apply to contracts for
82services or property made available for the convenience of unit
83owners by lessees or licensees of the association, such as coin-
84operated laundry, food, soft drink, or telephone vendors; cable
85television operators; retail store operators; businesses;
86restaurants; or similar vendors.
87     Section 10.  Section 720.3096, Florida Statutes, is created
88to read:
89     720.3096  Limitation on agreements entered into by the
90association.--As to any contract or other transaction between an
91association and one or more of its directors or any other
92corporation, firm, association, or entity in which one or more
93of its directors are directors or officers or are financially
94interested:
95     (1)  The association shall comply with the requirements of
96s. 617.0832.
97     (2)  The disclosures required by s. 617.0832 shall be
98entered into the written minutes of the meeting.
99     (3)  Approval of the contract or other transaction shall
100require an affirmative vote of two-thirds of the directors
101present.
102     (4)  At the next regular or special meeting of the members,
103the existence of the contract or other transaction shall be
104disclosed to the members. Upon motion of any member, the
105contract or transaction shall be brought up for a vote and may
106be canceled by a majority vote of the members present. If the
107members cancel the contract, the association shall be liable for
108only the reasonable value of goods and services provided up to
109the time of cancellation and shall not be liable for any
110termination fee, liquidated damages, or other form of penalty
111for such cancellation.
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T I T L E  A M E N D M E N T
115     Remove line 37 and insert:
116certifications for a specified time; amending s. 720.3085, F.S.;
117requiring a tenant in a unit in which the regular assessments
118are delinquent to pay future regular assessments to the
119association; requiring notice; providing for eviction by the
120association; specifying rights of the tenant; creating s.
121720.3095, F.S.; providing requirements of maintenance and
122management contracts of a homeowners' association; requiring
123disclosures; providing a penalty; providing exceptions; creating
124s. 720.3096, F.S.; limiting contracts entered into by a
125homeowners' association; providing requirements for such
126contracts; amending s. 720.401,


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