Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1466
       
       
       
       
       
       
                                Ì659808PÎ659808                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 468.431, Florida
    6  Statutes, is amended to read:
    7         468.431 Definitions.—As used in this part:
    8         (2) “Community association management” means any of the
    9  following practices requiring substantial specialized knowledge,
   10  judgment, and managerial skill when done for remuneration and
   11  when the association or associations served contain more than 10
   12  units or have an annual budget or budgets in excess of $100,000:
   13  controlling or disbursing funds of a community association,
   14  preparing budgets or other financial documents for a community
   15  association, assisting in the noticing or conduct of community
   16  association meetings, determining the number of days required
   17  for statutory notices, determining amounts due to the
   18  association, collecting amounts due to the association before
   19  filing of a civil action, calculating the votes required for a
   20  quorum or to approve a proposition or amendment, completing
   21  forms related to the management of a community association that
   22  have been created by statute or by a state agency, drafting
   23  meeting notices and agendas, calculating and preparing
   24  certificates of assessment and estoppel certificates, responding
   25  to requests for certificates of assessment and estoppel
   26  certificates, negotiating monetary or performance terms of a
   27  contract subject to approval by an association, drafting
   28  prearbitration demands, coordinating or performing maintenance
   29  for real or personal property and other related routine services
   30  involved in the operation of a community association, and
   31  complying with the association’s governing documents and the
   32  requirements of law as necessary to perform such practices and
   33  coordinating maintenance for the residential development and
   34  other day-to-day services involved with the operation of a
   35  community association. A person who performs clerical or
   36  ministerial functions under the direct supervision and control
   37  of a licensed manager or who is charged only with performing the
   38  maintenance of a community association and who does not assist
   39  in any of the management services described in this subsection
   40  is not required to be licensed under this part.
   41         Section 2. Subsections (3), (5), and (6) of section
   42  718.116, Florida Statutes, are amended to read:
   43         718.116 Assessments; liability; lien and priority;
   44  interest; collection.—
   45         (3) Assessments and installments on assessments which are
   46  not paid when due bear interest at the rate provided in the
   47  declaration, from the due date until paid. The rate may not
   48  exceed the rate allowed by law, and, if no rate is provided in
   49  the declaration, interest accrues at the rate of 18 percent per
   50  year. If provided by the declaration or bylaws, the association
   51  may, in addition to such interest, charge an administrative late
   52  fee of up to the greater of $25 or 5 percent of each delinquent
   53  installment for which the payment is late. The association may
   54  also recover from the unit owner any reasonable charges imposed
   55  upon the association under a contract with its management or
   56  bookkeeping company, or collection agent, incurred in connection
   57  with collecting a delinquent assessment. Any payment received by
   58  an association must be applied first to any interest accrued by
   59  the association, then to any administrative late fee, then to
   60  any costs and reasonable attorney attorney’s fees incurred in
   61  collection, then to any reasonable costs for collection services
   62  contracted by the association, and then to the delinquent
   63  assessment. The foregoing is applicable notwithstanding any
   64  restrictive endorsement, designation, or instruction placed on
   65  or accompanying a payment. A late fee is not subject to chapter
   66  687 or s. 718.303(4).
   67         (5)(a) The association has a lien on each condominium
   68  parcel to secure the payment of assessments. Except as otherwise
   69  provided in subsection (1) and as set forth below, the lien is
   70  effective from and shall relate back to the recording of the
   71  original declaration of condominium, or, in the case of lien on
   72  a parcel located in a phase condominium, the last to occur of
   73  the recording of the original declaration or amendment thereto
   74  creating the parcel. However, as to first mortgages of record,
   75  the lien is effective from and after recording of a claim of
   76  lien in the public records of the county in which the
   77  condominium parcel is located. Nothing in this subsection shall
   78  be construed to bestow upon any lien, mortgage, or certified
   79  judgment of record on April 1, 1992, including the lien for
   80  unpaid assessments created herein, a priority which, by law, the
   81  lien, mortgage, or judgment did not have before that date.
   82         (b) To be valid, A claim of lien must be in substantially
   83  the following form:
   84  
   85                            CLAIM OF LIEN                          
   86  
   87  Before me, the undersigned notary public, personally appeared
   88  ...(name)..., who was duly sworn and says that he/she is the
   89  authorized agent of the lienor, ...(name of association)...,
   90  whose address is ...(address)..., and that in accordance with
   91  the Condominium Act and the declaration of ...(name of
   92  condominium)..., a condominium, and the articles of
   93  incorporation and bylaws of the association, the association
   94  makes this claim of lien for ...(basis for claim of lien and
   95  date(s) of delinquency)..., for the following described real
   96  property:
   97  
   98         UNIT NO. .... OF ...(NAME OF CONDOMINIUM)..., A
   99         CONDOMINIUM AS SET FORTH IN THE DECLARATION OF
  100         CONDOMINIUM AND THE EXHIBITS ANNEXED THERETO AND
  101         FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS
  102         BOOK ...., PAGE ...., OF THE PUBLIC RECORDS OF ....
  103         COUNTY, FLORIDA. THE ABOVE DESCRIPTION INCLUDES, BUT
  104         IS NOT LIMITED TO, ALL APPURTENANCES TO THE
  105         CONDOMINIUM UNIT ABOVE DESCRIBED, INCLUDING THE
  106         UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF SAID
  107         CONDOMINIUM.
  108  
  109  upon which the association asserts this lien. The property is
  110  owned by ...(name of debtor)..., Debtor. There remains unpaid to
  111  the association, the sum of $..... This lien secures these
  112  amounts, as well as any unpaid assessments and monetary
  113  obligations, interest thereon, and costs of collection that may
  114  accrue in the future and any other amounts which a lien may
  115  secure pursuant to Chapter 718, Florida Statutes.
  116  
  117  (signature of witness)	(signature of authorized agent)
  118  Print name: __________		  Print name: __________________
  119  
  120  (signature of witness)
  121  Print name: __________
  122  
  123  Sworn to (or affirmed) and subscribed before me this .... day of
  124  ...., ...(year)..., by ...(name of person making statement)....
  125  ...(Signature of Notary Public)...
  126  ...(Print, type, or stamp commissioned name of Notary Public)...
  127  Personally Known.... OR Produced.... as identification.
  128  
  129  must state the description of the condominium parcel, the name
  130  of the record owner, the name and address of the association,
  131  the amount due, and the due dates. It must be executed and
  132  acknowledged by an officer or authorized agent of the
  133  association. The lien is not effective 1 year after the claim of
  134  lien was recorded unless, within that time, an action to enforce
  135  the lien is commenced. The 1-year period is automatically
  136  extended for any length of time during which the association is
  137  prevented from filing a foreclosure action by an automatic stay
  138  resulting from a bankruptcy petition filed by the parcel owner
  139  or any other person claiming an interest in the parcel. The
  140  claim of lien secures all unpaid assessments that are due and
  141  that may accrue after the claim of lien is recorded and through
  142  the entry of a final judgment, as well as interest, authorized
  143  administrative late fees, and all reasonable costs and attorney
  144  attorney’s fees incurred by the association incident to the
  145  collection process, including but not limited to, any reasonable
  146  costs for collection services contracted by the association.
  147  Upon payment in full, the person making the payment is entitled
  148  to a satisfaction of the lien.
  149         (c) By recording a notice in substantially the following
  150  form, a unit owner or the unit owner’s agent or attorney may
  151  require the association to enforce a recorded claim of lien
  152  against his or her condominium parcel:
  153                      NOTICE OF CONTEST OF LIEN                    
  154         TO: ...(Name and address of association)... You are
  155  notified that the undersigned contests the claim of lien filed
  156  by you on ...., ...(year)..., and recorded in Official Records
  157  Book .... at Page ...., of the public records of .... County,
  158  Florida, and that the time within which you may file suit to
  159  enforce your lien is limited to 90 days from the date of service
  160  of this notice. Executed this .... day of ...., ...(year)....
  161  Signed: ...(Owner or Attorney)...
  162  
  163  After notice of contest of lien has been recorded, the clerk of
  164  the circuit court shall mail a copy of the recorded notice to
  165  the association by certified mail, return receipt requested, at
  166  the address shown in the claim of lien or most recent amendment
  167  to it and shall certify to the service on the face of the
  168  notice. Service is complete upon mailing. After service, the
  169  association has 90 days in which to file an action to enforce
  170  the lien; and, if the action is not filed within the 90-day
  171  period, the lien is void. However, the 90-day period shall be
  172  extended for any length of time during which the association is
  173  prevented from filing its action because of an automatic stay
  174  resulting from the filing of a bankruptcy petition by the unit
  175  owner or by any other person claiming an interest in the parcel.
  176         (d) A release of lien must be in substantially the
  177  following form:
  178  
  179                           RELEASE OF LIEN                         
  180  
  181  The undersigned lienor, in consideration of the final payment in
  182  the amount of $...., hereby waives and releases its lien and
  183  right to claim a lien for unpaid assessments through ....,
  184  ...(year)..., recorded in the Official Records Book .... at Page
  185  ...., of the public records of .... County, Florida, for the
  186  following described real property:
  187  
  188         UNIT NO. .... OF (NAME OF CONDOMINIUM), A CONDOMINIUM
  189         AS SET FORTH IN THE DECLARATION OF CONDOMINIUM AND THE
  190         EXHIBITS ANNEXED THERETO AND FORMING A PART THEREOF,
  191         RECORDED IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF
  192         THE PUBLIC RECORDS OF .... COUNTY, FLORIDA. THE ABOVE
  193         DESCRIPTION INCLUDES, BUT IS NOT LIMITED TO, ALL
  194         APPURTENANCES TO THE CONDOMINIUM UNIT ABOVE DESCRIBED,
  195         INCLUDING THE UNDIVIDED INTEREST IN THE COMMON
  196         ELEMENTS OF SAID CONDOMINIUM.
  197  
  198  (signature of witness)	(signature of authorized agent)
  199  Print name: __________		  Print name: __________________
  200  
  201  (signature of witness)
  202  Print name: __________
  203  
  204  Sworn to (or affirmed) and subscribed before me this .... day of
  205  ...., ...(year)..., by ...(name of person making statement)....
  206  ...(Signature of Notary Public)...
  207  ...(Print, type, or stamp commissioned name of Notary Public)...
  208  Personally Known.... OR Produced.... as identification.
  209         (6)(a) The association may bring an action in its name to
  210  foreclose a lien for assessments in the manner a mortgage of
  211  real property is foreclosed and may also bring an action to
  212  recover a money judgment for the unpaid assessments without
  213  waiving any claim of lien. The association is entitled to
  214  recover its reasonable attorney’s fees incurred in either a lien
  215  foreclosure action or an action to recover a money judgment for
  216  unpaid assessments.
  217         (b) No foreclosure judgment may be entered until at least
  218  30 days after the association gives written notice to the unit
  219  owner of its intention to foreclose its lien to collect the
  220  unpaid assessments. The notice must be in substantially the
  221  following form:
  222  
  223                        DELINQUENT ASSESSMENT                      
  224  
  225  This letter is to inform you a Claim of Lien has been filed
  226  against your property because you have not paid the ________
  227  assessment to _____________ Association. The Association intends
  228  to foreclose the lien and collect the unpaid amount within 30
  229  days of this letter being provided to you.
  230  
  231  You owe the interest accruing from (month/year) to the present.
  232  As of the date of this letter, the total amount due with
  233  interest is $____.__. All costs of any action and interest from
  234  this day forward will also be charged to your account.
  235  
  236  Any questions concerning this matter should be directed to
  237  (insert name, addresses and phone numbers of Association
  238  representative).
  239  
  240  If this notice is not given at least 30 days before the
  241  foreclosure action is filed, and if the unpaid assessments,
  242  including those coming due after the claim of lien is recorded,
  243  are paid before the entry of a final judgment of foreclosure,
  244  the association shall not recover attorney’s fees or costs. The
  245  notice must be given by delivery of a copy of it to the unit
  246  owner or by certified or registered mail, return receipt
  247  requested, addressed to the unit owner at his or her last known
  248  address; and, upon such mailing, the notice shall be deemed to
  249  have been given, and the court shall proceed with the
  250  foreclosure action and may award attorney’s fees and costs as
  251  permitted by law. The notice requirements of this subsection are
  252  satisfied if the unit owner records a notice of contest of lien
  253  as provided in subsection (5). The notice requirements of this
  254  subsection do not apply if an action to foreclose a mortgage on
  255  the condominium unit is pending before any court; if the rights
  256  of the association would be affected by such foreclosure; and if
  257  actual, constructive, or substitute service of process has been
  258  made on the unit owner.
  259         Section 3. Subsection (4) of section 718.121, Florida
  260  Statutes, is amended to read:
  261         718.121 Liens.—
  262         (4) Except as otherwise provided in this chapter, no lien
  263  may be filed by the association against a condominium unit until
  264  30 days after the date on which a notice of intent to file a
  265  lien has been delivered to the owner by registered or certified
  266  mail, return receipt requested, and by first-class United States
  267  mail to the owner at his or her last address as reflected in the
  268  records of the association, if the address is within the United
  269  States, and delivered to the owner at the address of the unit if
  270  the owner’s address as reflected in the records of the
  271  association is not the unit address. If the address reflected in
  272  the records is outside the United States, sending the notice to
  273  that address and to the unit address by first-class United
  274  States mail is sufficient. Delivery of the notice shall be
  275  deemed given upon mailing as required by this subsection. The
  276  notice must be in substantially the following form:
  277  
  278             NOTICE OF INTENT TO RECORD A CLAIM OF LIEN            
  279  
  280  Re: Unit _______ of (name of association)
  281  
  282  The following amounts are currently due on your account to
  283  ___________ Association, and must be paid within thirty (30)
  284  days after your receipt of this letter. This letter shall serve
  285  as the Association’s notice of intent to record a Claim of Lien
  286  against your property after thirty (30) days from your receipt
  287  of this letter, unless you pay in full the amounts set forth
  288  below:
  289  
  290  Maintenance due ______ (dates) ________			$____________
  291  Late fee, if applicable						$____________
  292  Interest through ________*					$____________
  293  Certified mail charges						$____________
  294  Other costs								$____________
  295         									_____________
  296  TOTAL OUTSTANDING							$____________
  297  
  298  * interest accrues at the rate of $____ per day.
  299         Section 4. Subsections (3) and (4) of section 719.108,
  300  Florida Statutes, are amended to read:
  301         719.108 Rents and assessments; liability; lien and
  302  priority; interest; collection; cooperative ownership.—
  303         (3) Rents and assessments, and installments on them, not
  304  paid when due bear interest at the rate provided in the
  305  cooperative documents from the date due until paid. This rate
  306  may not exceed the rate allowed by law and, if a rate is not
  307  provided in the cooperative documents, accrues at 18 percent per
  308  annum. If the cooperative documents or bylaws so provide, the
  309  association may charge an administrative late fee in addition to
  310  such interest, not to exceed the greater of $25 or 5 percent of
  311  each installment of the assessment for each delinquent
  312  installment that the payment is late. The association may also
  313  recover from the unit owner any reasonable charges imposed upon
  314  the association under a contract with its management or
  315  bookkeeping company, or collection agent, incurred in connection
  316  with collecting a delinquent assessment. Any payment received by
  317  an association must be applied first to any interest accrued by
  318  the association, then to any administrative late fee, then to
  319  any costs and reasonable attorney attorney’s fees incurred in
  320  collection, then to any reasonable costs for collection services
  321  contracted for by the association, and then to the delinquent
  322  assessment. The foregoing applies notwithstanding any
  323  restrictive endorsement, designation, or instruction placed on
  324  or accompanying a payment. A late fee is not subject to chapter
  325  687 or s. 719.303(4).
  326         (4) The association has a lien on each cooperative parcel
  327  for any unpaid rents and assessments, plus interest, authorized
  328  administrative late fees and any reasonable costs for collection
  329  services contracted for by the association, and any authorized
  330  administrative late fees. If authorized by the cooperative
  331  documents, the lien also secures reasonable attorney attorney’s
  332  fees incurred by the association and all reasonable collection
  333  costs incident to the collection of the rents and assessments or
  334  enforcement of such lien. The lien is effective from and after
  335  recording a claim of lien in the public records in the county in
  336  which the cooperative parcel is located which states the
  337  description of the cooperative parcel, the name of the unit
  338  owner, the amount due, and the due dates. The lien expires if a
  339  claim of lien is not filed within 1 year after the date the
  340  assessment was due, and the lien does not continue for longer
  341  than 1 year after the claim of lien has been recorded unless,
  342  within that time, an action to enforce the lien is commenced.
  343  Except as otherwise provided in this chapter, a lien may not be
  344  filed by the association against a cooperative parcel until 30
  345  days after the date on which a notice of intent to file a lien
  346  has been delivered to the owner.
  347         (a) The notice must be sent to the unit owner at the
  348  address of the unit by first-class United States mail and the
  349  notice must be in substantially the following form:
  350  
  351             NOTICE OF INTENT TO RECORD A CLAIM OF LIEN            
  352  
  353  Re: Unit _______ of (name of cooperative)
  354  
  355  The following amounts are currently due on your account to
  356  ___________ Association, and must be paid within thirty (30)
  357  days after your receipt of this letter. This letter shall serve
  358  as the Association’s notice of intent to record a Claim of Lien
  359  against your property after thirty (30) days from your receipt
  360  of this letter, unless you pay in full the amounts set forth
  361  below:
  362  
  363  Maintenance due ______ (dates) ________			$____________
  364  Late fee, if applicable						$____________
  365  Interest through ________*					$____________
  366  Certified mail charges						$____________
  367  Other costs								$____________
  368         									_____________
  369  TOTAL OUTSTANDING							$____________
  370  
  371  * interest accrues at the rate of $____ per day
  372         1. If the most recent address of the unit owner on the
  373  records of the association is the address of the unit, the
  374  notice must be sent by registered or certified mail, return
  375  receipt requested, to the unit owner at the address of the unit.
  376         2. If the most recent address of the unit owner on the
  377  records of the association is in the United States, but is not
  378  the address of the unit, the notice must be sent by registered
  379  or certified mail, return receipt requested, to the unit owner
  380  at his or her most recent address.
  381         3. If the most recent address of the unit owner on the
  382  records of the association is not in the United States, the
  383  notice must be sent by first-class United States mail to the
  384  unit owner at his or her most recent address.
  385         (b) 
  386  A notice that is sent pursuant to this paragraph subsection is
  387  deemed delivered upon mailing.
  388         (b) A claim of lien must be in substantially the following
  389  form:
  390  
  391                            CLAIM OF LIEN                          
  392  
  393  Before me, the undersigned notary public, personally appeared
  394  ...(name)... who was duly sworn and says that he/she is the
  395  authorized agent of the lienor, ...(name of association)...,
  396  whose address is ...(address)..., and that in accordance with
  397  the Cooperative Act and the cooperative documents of ...(name of
  398  cooperative)..., a cooperative, and the articles of
  399  incorporation and bylaws of the association, the association
  400  makes this claim of lien for ...(basis for claim of lien and
  401  date(s) of delinquency)..., for the following described
  402  property:
  403  
  404         THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
  405         OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET
  406         FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
  407         ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
  408         IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE
  409         PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  410  
  411  Upon which the association asserts this lien. The cooperative
  412  parcel is owned by ...(name of debtor)..., Debtor. There remains
  413  unpaid to the association, the sum of $..... This lien secures
  414  these amounts, as well as any other amounts which a lien may
  415  secure pursuant to Chapter 719, Florida Statutes.
  416  
  417  (signature of witness)	(signature of authorized agent)
  418  Print name: __________		Print name: __________________
  419  
  420  (signature of witness)
  421  Print name: __________
  422  
  423  Sworn to (or affirmed) and subscribed before me this .... day of
  424  ...., ...(year)..., by ...(name of person making statement)....
  425  ...(Signature of Notary Public)...
  426  ...(Print, type, or stamp Commissioned name of Notary Public)...
  427  Personally Known.... OR Produced.... as identification.
  428  
  429  The claim must be executed and acknowledged by an officer or
  430  authorized agent of the association. The lien is not effective 1
  431  year after the claim of lien was recorded unless, within that
  432  time, an action to enforce the lien is commenced. The 1-year
  433  period is automatically extended for any length of time during
  434  which the association is prevented from filing a foreclosure
  435  action by an automatic stay resulting from a bankruptcy petition
  436  filed by the parcel owner or any other person claiming an
  437  interest in the parcel. The claim of lien secures all unpaid
  438  rents and assessments that are due and that may accrue after the
  439  claim of lien is recorded and through the entry of a final
  440  judgment, as well as interest and all reasonable costs and
  441  attorney’s fees incurred by the association incident to the
  442  collection process. Upon payment in full, the person making the
  443  payment is entitled to a satisfaction of the lien.
  444         (c) By recording a notice in substantially the following
  445  form, a unit owner or the unit owner’s agent or attorney may
  446  require the association to enforce a recorded claim of lien
  447  against his or her cooperative parcel:
  448  
  449                      NOTICE OF CONTEST OF LIEN                    
  450  
  451         TO: ...(Name and address of association)... You are
  452  notified that the undersigned contests the claim of lien filed
  453  by you on ...., ...(year)..., and recorded in Official Records
  454  Book .... at Page ...., of the public records of .... County,
  455  Florida, and that the time within which you may file suit to
  456  enforce your lien is limited to 90 days from the date of service
  457  of this notice. Executed this .... day of ...., ...(year)....
  458  Signed: ...(Owner or Attorney)...
  459  
  460  After notice of contest of lien has been recorded, the clerk of
  461  the circuit court shall mail a copy of the recorded notice to
  462  the association by certified mail, return receipt requested, at
  463  the address shown in the claim of lien or most recent amendment
  464  to it and shall certify to the service on the face of the
  465  notice. Service is complete upon mailing. After service, the
  466  association has 90 days in which to file an action to enforce
  467  the lien; and, if the action is not filed within the 90-day
  468  period, the lien is void. However, the 90-day period shall be
  469  extended for any length of time during which the association is
  470  prevented from filing its action because of an automatic stay
  471  resulting from the filing of a bankruptcy petition by the unit
  472  owner or by any other person claiming an interest in the parcel.
  473         (d) A release of lien must be in substantially the
  474  following form:
  475  
  476                           RELEASE OF LIEN                         
  477  
  478  The undersigned lienor, in consideration of the final payment in
  479  the amount of $...., hereby waives and releases its lien and
  480  right to claim a lien for unpaid assessments through ....,
  481  ...(year)..., recorded in the Official Records Book .... at Page
  482  ...., of the public records of .... County, Florida, for the
  483  following described real property:
  484  
  485         THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
  486         OF (NAME OF COOPERATIVE), A COOPERATIVE AS SET FORTH
  487         IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS ANNEXED
  488         THERETO AND FORMING A PART THEREOF, RECORDED IN
  489         OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE PUBLIC
  490         RECORDS OF .... COUNTY, FLORIDA.
  491  
  492  (signature of witness)	(signature of authorized agent)
  493  Print name: __________		  Print name: __________________
  494  
  495  (signature of witness)
  496  Print name: __________
  497  
  498  Sworn to (or affirmed) and subscribed before me this .... day of
  499  ...., ...(year)..., by ...(name of person making statement)....
  500  ...(Signature of Notary Public)...
  501  ...(Print, type, or stamp commissioned name of Notary Public)...
  502  Personally Known.... OR Produced.... as identification.
  503         Section 5. Subsections (1), (3), (4), and (5) of section
  504  720.3085, Florida Statutes, are amended to read:
  505         720.3085 Payment for assessments; lien claims.—
  506         (1) When authorized by the governing documents, the
  507  association has a lien on each parcel to secure the payment of
  508  assessments and other amounts provided for by this section.
  509  Except as otherwise set forth in this section, the lien is
  510  effective from and shall relate back to the date on which the
  511  original declaration of the community was recorded. However, as
  512  to first mortgages of record, the lien is effective from and
  513  after recording of a claim of lien in the public records of the
  514  county in which the parcel is located. This subsection does not
  515  bestow upon any lien, mortgage, or certified judgment of record
  516  on July 1, 2008, including the lien for unpaid assessments
  517  created in this section, a priority that, by law, the lien,
  518  mortgage, or judgment did not have before July 1, 2008.
  519         (a) To be valid, A claim of lien must be in substantially
  520  the following form:
  521  
  522                            CLAIM OF LIEN                          
  523  
  524  Before me, the undersigned notary public, personally appeared
  525  ...(name)... who was duly sworn and says that he/she is the
  526  authorized agent of the lienor, ...(name of association)...,
  527  whose address is ...(address)..., and that in accordance with
  528  Chapter 720, Florida Statutes and the governing documents of
  529  ...(name of association)..., a homeowners’ association, the
  530  association makes this claim of lien for ...(basis for claim of
  531  lien and date(s) of delinquency)..., for the following described
  532  real property:
  533  
  534         (PARCEL NO. .... OR LOT AND BLOCK)_ OF ____________
  535         SUBDIVISION AS SHOWN IN THE PLAT THEREOF, RECORDED AT
  536         PLAT BOOK ______, PAGE ______, OF THE OFFICIAL RECORDS
  537         OF ____________ COUNTY, FLORIDA.
  538  
  539         (or insert appropriate metes and bounds description
  540         here)
  541  
  542  upon which the association asserts this lien. The property is
  543  owned by ...(name of debtor)..., Debtor. There remains unpaid to
  544  the association, the sum of $..... This lien secures these
  545  amounts, as well as any other amounts which a lien may secure
  546  pursuant to Chapter 720, Florida Statutes.
  547  
  548  (signature of witness)	(signature of authorized agent)
  549  Print name: __________		  Print name: __________________
  550  
  551  (signature of witness)
  552  Print name: __________
  553  
  554  Sworn to (or affirmed) and subscribed before me this .... day of
  555  ...., ...(year)..., by ...(name of person making statement)....
  556  ...(Signature of Notary Public)...
  557  ...(Print, type, or stamp commissioned name of Notary Public)...
  558  Personally Known.... OR Produced.... as identification.
  559  
  560  must state the description of the parcel, the name of the record
  561  owner, the name and address of the association, the assessment
  562  amount due, and the due date. The claim of lien secures all
  563  unpaid assessments that are due and that may accrue subsequent
  564  to the recording of the claim of lien and before entry of a
  565  certificate of title, as well as interest, late charges, and
  566  reasonable collection costs and attorney attorney’s fees
  567  incurred by the association incident to the collection process.
  568  The person making payment is entitled to a satisfaction of the
  569  lien upon payment in full.
  570         (b) By recording a notice in substantially the following
  571  form, a parcel owner or the parcel owner’s agent or attorney may
  572  require the association to enforce a recorded claim of lien
  573  against his or her parcel:
  574                      NOTICE OF CONTEST OF LIEN                    
  575  TO: ...(Name and address of association)...
  576  You are notified that the undersigned contests the claim of lien
  577  filed by you on ...., ...(year)..., and recorded in Official
  578  Records Book .... at page ...., of the public records of ....
  579  County, Florida, and that the time within which you may file
  580  suit to enforce your lien is limited to 90 days following the
  581  date of service of this notice. Executed this .... day of ....,
  582  ...(year)....
  583  Signed: ...(Owner or Attorney)...
  584  After the notice of a contest of lien has been recorded, the
  585  clerk of the circuit court shall mail a copy of the recorded
  586  notice to the association by certified mail, return receipt
  587  requested, at the address shown in the claim of lien or the most
  588  recent amendment to it and shall certify to the service on the
  589  face of the notice. Service is complete upon mailing. After
  590  service, the association has 90 days in which to file an action
  591  to enforce the lien and, if the action is not filed within the
  592  90-day period, the lien is void. However, the 90-day period
  593  shall be extended for any length of time that the association is
  594  prevented from filing its action because of an automatic stay
  595  resulting from the filing of a bankruptcy petition by the parcel
  596  owner or by any other person claiming an interest in the parcel.
  597         (c) The association may bring an action in its name to
  598  foreclose a lien for assessments in the same manner in which a
  599  mortgage of real property is foreclosed and may also bring an
  600  action to recover a money judgment for the unpaid assessments
  601  without waiving any claim of lien. The association is entitled
  602  to recover its reasonable attorney’s fees incurred in an action
  603  to foreclose a lien or an action to recover a money judgment for
  604  unpaid assessments.
  605         (d) A release of lien must be in substantially the
  606  following form:
  607  
  608                           RELEASE OF LIEN                         
  609  
  610  The undersigned lienor, in consideration of the final payment in
  611  the amount of $...., hereby waives and releases its lien and
  612  right to claim a lien for unpaid assessments through ....,
  613  ...(year)..., recorded in the Official Records Book .... at Page
  614  ...., of the public records of .... County, Florida, for the
  615  following described real property:
  616  
  617         (PARCEL NO. .... OR LOT AND BLOCK)_ OF _____________
  618         SUBDIVISION AS SHOWN IN THE PLAT THEREOF, RECORDED AT
  619         PLAT BOOK ______, PAGE ______, OF THE OFFICIAL RECORDS
  620         OF ______________ COUNTY, FLORIDA.
  621  
  622         (or insert appropriate metes and bounds description
  623         here)
  624  
  625  (signature of witness)	(signature of authorized agent)
  626  
  627  (signature of witness)
  628  
  629  Sworn to (or affirmed) and subscribed before me this .... day of
  630  ...., ...(year)..., by ...(name of person making statement)....
  631  ...(Signature of Notary Public)...
  632  ...(Print, type, or stamp commissioned name of Notary Public)...
  633  Personally Known.... OR Produced.... as identification.
  634  
  635         (e)(d) If the parcel owner remains in possession of the
  636  parcel after a foreclosure judgment has been entered, the court
  637  may require the parcel owner to pay a reasonable rent for the
  638  parcel. If the parcel is rented or leased during the pendency of
  639  the foreclosure action, the association is entitled to the
  640  appointment of a receiver to collect the rent. The expenses of
  641  the receiver must be paid by the party who does not prevail in
  642  the foreclosure action.
  643         (f)(e) The association may purchase the parcel at the
  644  foreclosure sale and hold, lease, mortgage, or convey the
  645  parcel.
  646         (3) Assessments and installments on assessments that are
  647  not paid when due bear interest from the due date until paid at
  648  the rate provided in the declaration of covenants or the bylaws
  649  of the association, which rate may not exceed the rate allowed
  650  by law. If no rate is provided in the declaration or bylaws,
  651  interest accrues at the rate of 18 percent per year.
  652         (a) If the declaration or bylaws so provide, the
  653  association may also charge an administrative late fee not to
  654  exceed the greater of $25 or 5 percent of the amount of each
  655  installment that is paid past the due date. The association may
  656  also recover from the parcel owner any reasonable charges
  657  imposed upon the association under a contract with its
  658  management or bookkeeping company, or collection agent, incurred
  659  in connection with collecting a delinquent assessment.
  660         (b) Any payment received by an association and accepted
  661  shall be applied first to any interest accrued, then to any
  662  administrative late fee, then to any costs and reasonable
  663  attorney attorney’s fees incurred in collection, then to any
  664  reasonable costs for collection services contracted for by the
  665  association, and then to the delinquent assessment. This
  666  paragraph applies notwithstanding any restrictive endorsement,
  667  designation, or instruction placed on or accompanying a payment.
  668  A late fee is not subject to the provisions of chapter 687 and
  669  is not a fine.
  670         (4) A homeowners’ association may not file a record of lien
  671  against a parcel for unpaid assessments unless a written notice
  672  or demand for past due assessments as well as any other amounts
  673  owed to the association pursuant to its governing documents has
  674  been made by the association. The written notice or demand must:
  675         (a) Provide the owner with 45 days following the date the
  676  notice is deposited in the mail to make payment for all amounts
  677  due, including, but not limited to, any attorney’s fees and
  678  actual costs associated with the preparation and delivery of the
  679  written demand. The notice must be in substantially the
  680  following form:
  681  
  682             NOTICE OF INTENT TO RECORD A CLAIM OF LIEN            
  683  
  684  Re: Parcel or (lot/block) _____ of ...(name of association)...
  685  
  686  The following amounts are currently due on your account to ____
  687  Association, and must be paid within forty-five (45) days after
  688  your receipt of this letter. This letter shall serve as the
  689  Association’s notice of intent to record a Claim of Lien against
  690  your property after forty-five (45) days from your receipt of
  691  this letter, unless you pay in full the amounts set forth below:
  692  
  693  Maintenance due ______ (dates) ________			$____________
  694  Late fee, if applicable						$____________
  695  Interest through ________*					$____________
  696  Certified mail charges						$____________
  697  Other costs								$____________
  698         									_____________
  699  TOTAL OUTSTANDING							$____________
  700  
  701  *Interest accrues at the rate of $____ per day.
  702         (b) Be sent by registered or certified mail, return receipt
  703  requested, and by first-class United States mail to the parcel
  704  owner at his or her last address as reflected in the records of
  705  the association, if the address is within the United States, and
  706  to the parcel owner subject to the demand at the address of the
  707  parcel if the owner’s address as reflected in the records of the
  708  association is not the parcel address. If the address reflected
  709  in the records is outside the United States, then sending the
  710  notice to that address and to the parcel address by first-class
  711  United States mail is sufficient.
  712         (5) The association may bring an action in its name to
  713  foreclose a lien for unpaid assessments secured by a lien in the
  714  same manner that a mortgage of real property is foreclosed and
  715  may also bring an action to recover a money judgment for the
  716  unpaid assessments without waiving any claim of lien. The action
  717  to foreclose the lien may not be brought until 45 days after the
  718  parcel owner has been provided notice of the association’s
  719  intent to foreclose and collect the unpaid amount. The notice
  720  must be given in the manner provided in paragraph (4)(b), and
  721  the notice may not be provided until the passage of the 45 days
  722  required in paragraph (4)(a). The notice must be in
  723  substantially the following form:
  724  
  725                        DELINQUENT ASSESSMENT                      
  726  
  727  This letter is to inform you a Claim of Lien has been filed
  728  against your property because you have not paid the ____
  729  assessment to ____ Association. The Association intends to
  730  foreclose the lien and collect the unpaid amount within 45 days
  731  of this letter being provided to you.
  732  
  733  You owe the interest accruing from (month/year) to the present.
  734  As of the date of this letter, the total amount due with
  735  interest is $____. All costs of any action and interest from
  736  this day forward will also be charged to your account.
  737  
  738  Any questions concerning this matter should be directed to
  739  ...(insert name, addresses and phone numbers of Association
  740  representative)....
  741         (a) The association may recover any interest, late charges,
  742  costs, and reasonable attorney’s fees incurred in a lien
  743  foreclosure action or in an action to recover a money judgment
  744  for the unpaid assessments.
  745         (b) The time limitations in this subsection do not apply if
  746  the parcel is subject to a foreclosure action or forced sale of
  747  another party, or if an owner of the parcel is a debtor in a
  748  bankruptcy proceeding.
  749         Section 6. This act shall take effect July 1, 2014.
  750  
  751  ================= T I T L E  A M E N D M E N T ================
  752  And the title is amended as follows:
  753         Delete everything before the enacting clause
  754  and insert:
  755                        A bill to be entitled                      
  756         An act relating to residential communities; amending
  757         s. 468.431, F.S.; revising the term “community
  758         association management”; amending s. 718.116, F.S.;
  759         allowing for reasonable charges to be imposed for
  760         collection of a delinquent assessment; requiring a
  761         claim of lien on a condominium parcel to be in a
  762         specific form; requiring a release of lien to be in a
  763         specific form; requiring a pre-foreclosure notice to
  764         be in a specific form; amending s. 718.121, F.S.;
  765         requiring a pre-lien notice to be in a specific form;
  766         amending s. 719.108, F.S.; allowing for reasonable
  767         charges to be imposed for collection of a delinquent
  768         assessment; deleting a provision providing for the
  769         expiration of certain liens; revising notice
  770         requirements; requiring a pre-lien notice to be in a
  771         specific form; requiring a claim of lien on a
  772         cooperative parcel to be in a specific form; providing
  773         for the content of a recording notice; requiring a
  774         release of lien to be in a specific form; amending s.
  775         720.3085, F.S.; requiring a claim of lien on a parcel
  776         within a homeowners’ association to be in a specific
  777         form; requiring a release of lien to be in a specific
  778         form; allowing for reasonable charges to be imposed
  779         for collection of a delinquent assessment; requiring a
  780         pre-lien notice to be in a specific form; requiring a
  781         pre-foreclosure notice to be in a specific form;
  782         providing an effective date.