HB 633

1
A bill to be entitled
2An act relating to community associations; amending ss.
3718.116 and 720.3085, F.S.; revising certain liability
4limitations of a first mortgagee or its successor or
5assignees who acquire title to a condominium unit or
6homeowners' association parcel by foreclosure or by deed;
7revising applicability of provisions with respect to a
8successor or assignee of a condominium unit; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Paragraphs (b) and (g) of subsection (1) of
14section 718.116, Florida Statutes, are amended to read:
15     718.116  Assessments; liability; lien and priority;
16interest; collection.--
17     (1)
18     (b)1.  The liability of a first mortgagee or its successor
19or assignees who acquire title to a unit by foreclosure or by
20deed in lieu of foreclosure for the unpaid assessments that
21became due prior to the mortgagee's acquisition of title is
22limited to the lesser of:
23     a.1.  The unit's unpaid common expenses and regular
24periodic assessments which accrued or came due during the 6
25months immediately preceding the acquisition of title and for
26which payment in full has not been received by the association;
27or
28     b.2.  One percent of the original mortgage debt.
29     2.  The provisions of this paragraph apply only if:
30     a.  The first mortgagee joined the association as a
31defendant in the foreclosure action; and
32     b.  The first mortgagee acquired title to the unit within 1
33year after the foreclosure action is filed, regardless of
34whether the foreclosure action was initiated prior to the
35effective date of this act, unless the unit is owner occupied,
36in which case the 1-year time limit shall not apply. The 1-year
37time limit shall be automatically extended for any length of
38time if the first mortgagee is prevented from filing or
39continuing a foreclosure due to a petition filed by the owner
40under chapter 13 of the federal Bankruptcy Code or a petition
41filed by the owner under chapter 7 of the federal Bankruptcy
42Code where the mortgagee diligently pursues stay relief.
43
44Joinder of the association is not required if, on the date the
45complaint is filed, the association was dissolved or did not
46maintain an office or agent for service of process at a location
47which was known to or reasonably discoverable by the mortgagee.
48     (g)  For purposes of this subsection, the term "successor
49or assignee" as used with respect to a first mortgagee includes
50only a subsequent holder of the first mortgage that acquires the
51first mortgage prior to any action to foreclose the first
52mortgage.
53     Section 2.  Paragraph (c) of subsection (2) of section
54720.3085, Florida Statutes, is amended to read:
55     720.3085  Payment for assessments; lien claims.--
56     (2)
57     (c)  Notwithstanding anything to the contrary contained in
58this section, the liability of a first mortgagee, or its
59successor or assignee as a subsequent holder of the first
60mortgage who acquires title to a parcel by foreclosure or by
61deed in lieu of foreclosure for the unpaid assessments that
62became due before the mortgagee's acquisition of title, shall be
63the lesser of:
64     1.  The parcel's unpaid common expenses and regular
65periodic or special assessments that accrued or came due during
66the 12 months immediately preceding the acquisition of title and
67for which payment in full has not been received by the
68association; or
69     2.  One percent of the original mortgage debt.
70
71The limitations on first mortgagee liability provided in by this
72chapter paragraph apply only if the first mortgagee filed suit
73against the parcel owner and initially joined the association as
74a defendant in the mortgagee foreclosure action and the first
75mortgagee acquires title to the parcel within 1 year after the
76foreclosure action is filed, regardless of whether the
77foreclosure action was initiated prior to the effective date of
78this act, unless the parcel is owner occupied, in which case the
791-year time limit shall not apply. Joinder of the association is
80not required if, on the date the complaint is filed, the
81association was dissolved or did not maintain an office or agent
82for service of process at a location that was known to or
83reasonably discoverable by the mortgagee. Notwithstanding any
84provision to the contrary, the 1-year time limit shall be
85automatically extended for any length of time if the first
86mortgagee is prevented from filing or continuing a foreclosure
87due to a petition filed by the owner under chapter 13 of the
88federal Bankruptcy Code or a petition filed by the owner under
89chapter 7 of the federal Bankruptcy Code where the mortgagee
90diligently pursues stay relief.
91     Section 3.  This act shall take effect July 1, 2009.


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