Florida Senate - 2014                             CS for SB 1466
       
       
        
       By the Committee on Regulated Industries; and Senators Lee and
       Evers
       
       
       
       
       580-03264-14                                          20141466c1
    1                        A bill to be entitled                      
    2         An act relating to residential communities; amending
    3         s. 468.431, F.S.; revising the term “community
    4         association management”; amending s. 718.116, F.S.;
    5         allowing for reasonable charges to be imposed for
    6         collection of a delinquent assessment; requiring a
    7         claim of lien on a condominium parcel to be in a
    8         specific form; requiring a release of lien to be in a
    9         specific form; requiring a preforeclosure notice to be
   10         in a specific form; amending s. 718.121, F.S.;
   11         requiring a prelien notice to be in a specific form;
   12         amending s. 719.108, F.S.; allowing for reasonable
   13         charges to be imposed for collection of a delinquent
   14         assessment; deleting a provision providing for the
   15         expiration of certain liens; revising notice
   16         requirements; requiring a prelien notice to be in a
   17         specific form; requiring a claim of lien on a
   18         cooperative parcel to be in a specific form; providing
   19         for the content of a recording notice; requiring a
   20         release of lien to be in a specific form; amending s.
   21         720.3085, F.S.; requiring a claim of lien on a parcel
   22         within a homeowners’ association to be in a specific
   23         form; requiring a release of lien to be in a specific
   24         form; allowing for reasonable charges to be imposed
   25         for collection of a delinquent assessment; requiring a
   26         prelien notice to be in a specific form; requiring a
   27         preforeclosure notice to be in a specific form;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (2) of section 468.431, Florida
   33  Statutes, is amended to read:
   34         468.431 Definitions.—As used in this part:
   35         (2) “Community association management” means any of the
   36  following practices requiring substantial specialized knowledge,
   37  judgment, and managerial skill when done for remuneration and
   38  when the association or associations served contain more than 10
   39  units or have an annual budget or budgets in excess of $100,000:
   40  controlling or disbursing funds of a community association,
   41  preparing budgets or other financial documents for a community
   42  association, assisting in the noticing or conduct of community
   43  association meetings, determining the number of days required
   44  for statutory notices, determining amounts due to the
   45  association, collecting amounts due to the association before
   46  filing of a civil action, calculating the votes required for a
   47  quorum or to approve a proposition or amendment, completing
   48  forms related to the management of a community association that
   49  have been created by statute or by a state agency, drafting
   50  meeting notices and agendas, calculating and preparing
   51  certificates of assessment and estoppel certificates, responding
   52  to requests for certificates of assessment and estoppel
   53  certificates, negotiating monetary or performance terms of a
   54  contract subject to approval by an association, drafting
   55  prearbitration demands, coordinating or performing maintenance
   56  for real or personal property and other related routine services
   57  involved in the operation of a community association, and
   58  complying with the association’s governing documents and the
   59  requirements of law as necessary to perform such practices and
   60  coordinating maintenance for the residential development and
   61  other day-to-day services involved with the operation of a
   62  community association. A person who performs clerical or
   63  ministerial functions under the direct supervision and control
   64  of a licensed manager or who is charged only with performing the
   65  maintenance of a community association and who does not assist
   66  in any of the management services described in this subsection
   67  is not required to be licensed under this part.
   68         Section 2. Subsections (3), (5), and (6) of section
   69  718.116, Florida Statutes, are amended to read:
   70         718.116 Assessments; liability; lien and priority;
   71  interest; collection.—
   72         (3) Assessments and installments on assessments which are
   73  not paid when due bear interest at the rate provided in the
   74  declaration, from the due date until paid. The rate may not
   75  exceed the rate allowed by law, and, if no rate is provided in
   76  the declaration, interest accrues at the rate of 18 percent per
   77  year. If provided by the declaration or bylaws, the association
   78  may, in addition to such interest, charge an administrative late
   79  fee of up to the greater of $25 or 5 percent of each delinquent
   80  installment for which the payment is late. The association may
   81  also recover from the unit owner any reasonable charges imposed
   82  upon the association under a contract with its management or
   83  bookkeeping company, or collection agent, incurred in connection
   84  with collecting a delinquent assessment. Any payment received by
   85  an association must be applied first to any interest accrued by
   86  the association, then to any administrative late fee, then to
   87  any costs and reasonable attorney attorney’s fees incurred in
   88  collection, then to any reasonable costs for collection services
   89  contracted by the association, and then to the delinquent
   90  assessment. The foregoing is applicable notwithstanding any
   91  restrictive endorsement, designation, or instruction placed on
   92  or accompanying a payment. A late fee is not subject to chapter
   93  687 or s. 718.303(4).
   94         (5)(a) The association has a lien on each condominium
   95  parcel to secure the payment of assessments. Except as otherwise
   96  provided in subsection (1) and as set forth below, the lien is
   97  effective from and shall relate back to the recording of the
   98  original declaration of condominium, or, in the case of lien on
   99  a parcel located in a phase condominium, the last to occur of
  100  the recording of the original declaration or amendment thereto
  101  creating the parcel. However, as to first mortgages of record,
  102  the lien is effective from and after recording of a claim of
  103  lien in the public records of the county in which the
  104  condominium parcel is located. Nothing in this subsection shall
  105  be construed to bestow upon any lien, mortgage, or certified
  106  judgment of record on April 1, 1992, including the lien for
  107  unpaid assessments created herein, a priority which, by law, the
  108  lien, mortgage, or judgment did not have before that date.
  109         (b) To be valid, A claim of lien must be in substantially
  110  the following form:
  111  
  112                            CLAIM OF LIEN                          
  113  
  114  Before me, the undersigned notary public, personally appeared
  115  ...(name)..., who was duly sworn and says that he/she is the
  116  authorized agent of the lienor, ...(name of association)...,
  117  whose address is ...(address)..., and that in accordance with
  118  the Condominium Act and the declaration of ...(name of
  119  condominium)..., a condominium, and the articles of
  120  incorporation and bylaws of the association, the association
  121  makes this claim of lien for ...(basis for claim of lien and
  122  date(s) of delinquency)..., for the following described real
  123  property upon which the association asserts this lien:
  124  
  125         UNIT NO. .... OF ...(NAME OF CONDOMINIUM)..., A
  126         CONDOMINIUM AS SET FORTH IN THE DECLARATION OF
  127         CONDOMINIUM AND THE EXHIBITS ANNEXED THERETO AND
  128         FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS
  129         BOOK ...., PAGE ...., OF THE PUBLIC RECORDS OF ....
  130         COUNTY, FLORIDA. THE ABOVE DESCRIPTION INCLUDES, BUT
  131         IS NOT LIMITED TO, ALL APPURTENANCES TO THE
  132         CONDOMINIUM UNIT ABOVE DESCRIBED, INCLUDING THE
  133         UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF SAID
  134         CONDOMINIUM.
  135  
  136  The property is owned by ...(name of debtor)..., Debtor. There
  137  remains unpaid to the association, the sum of $..... This lien
  138  secures these amounts, as well as any unpaid assessments and
  139  monetary obligations, interest thereon, and costs of collection
  140  that may accrue in the future and any other amounts that a lien
  141  may secure pursuant to Chapter 718, Florida Statutes.
  142  
  143  ...(signature of witness)...	...(signature of authorized
  144  agent)...
  145  Print name: ....		Print name: _....
  146  
  147  ...(signature of witness)...
  148  Print name: ....
  149  
  150  Sworn to (or affirmed) and subscribed before me this .... day of
  151  ...., ...(year)..., by ...(name of person making statement)....
  152  ...(Signature of Notary Public)...
  153  ...(Print, type, or stamp commissioned name of Notary Public)...
  154  Personally Known.... OR Produced.... as identification.
  155  
  156  must state the description of the condominium parcel, the name
  157  of the record owner, the name and address of the association,
  158  the amount due, and the due dates. It must be executed and
  159  acknowledged by an officer or authorized agent of the
  160  association. The lien is not effective 1 year after the claim of
  161  lien was recorded unless, within that time, an action to enforce
  162  the lien is commenced. The 1-year period is automatically
  163  extended for any length of time during which the association is
  164  prevented from filing a foreclosure action by an automatic stay
  165  resulting from a bankruptcy petition filed by the parcel owner
  166  or any other person claiming an interest in the parcel. The
  167  claim of lien secures all unpaid assessments that are due and
  168  that may accrue after the claim of lien is recorded and through
  169  the entry of a final judgment, as well as interest, authorized
  170  administrative late fees, and all reasonable costs and attorney
  171  attorney’s fees incurred by the association incident to the
  172  collection process, including, but not limited to, any
  173  reasonable costs for collection services contracted by the
  174  association. Upon payment in full, the person making the payment
  175  is entitled to a satisfaction of the lien.
  176         (c) By recording a notice in substantially the following
  177  form, a unit owner or the unit owner’s agent or attorney may
  178  require the association to enforce a recorded claim of lien
  179  against his or her condominium parcel:
  180  
  181                      NOTICE OF CONTEST OF LIEN                    
  182  
  183         TO: ...(Name and address of association)... You are
  184  notified that the undersigned contests the claim of lien filed
  185  by you on ...., ...(year)..., and recorded in Official Records
  186  Book .... at Page ...., of the public records of .... County,
  187  Florida, and that the time within which you may file suit to
  188  enforce your lien is limited to 90 days from the date of service
  189  of this notice. Executed this .... day of ...., ...(year)....
  190  Signed: ...(Owner or Attorney)...
  191  
  192  After notice of contest of lien has been recorded, the clerk of
  193  the circuit court shall mail a copy of the recorded notice to
  194  the association by certified mail, return receipt requested, at
  195  the address shown in the claim of lien or most recent amendment
  196  to it and shall certify to the service on the face of the
  197  notice. Service is complete upon mailing. After service, the
  198  association has 90 days in which to file an action to enforce
  199  the lien; and, if the action is not filed within the 90-day
  200  period, the lien is void. However, the 90-day period shall be
  201  extended for any length of time during which the association is
  202  prevented from filing its action because of an automatic stay
  203  resulting from the filing of a bankruptcy petition by the unit
  204  owner or by any other person claiming an interest in the parcel.
  205         (d) A release of lien must be in substantially the
  206  following form:
  207  
  208                           RELEASE OF LIEN                         
  209  
  210  The undersigned lienor, in consideration of the final payment in
  211  the amount of $...., hereby waives and releases its lien and
  212  right to claim a lien for unpaid assessments through ....,
  213  ...(year)..., recorded in Official Records Book .... at Page
  214  ...., of the public records of .... County, Florida, for the
  215  following described real property:
  216  
  217         UNIT NO. .... OF ...(NAME OF CONDOMINIUM)..., A
  218         CONDOMINIUM AS SET FORTH IN THE DECLARATION OF
  219         CONDOMINIUM AND THE EXHIBITS ANNEXED THERETO AND
  220         FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS
  221         BOOK ...., PAGE ...., OF THE PUBLIC RECORDS OF ....
  222         COUNTY, FLORIDA. THE ABOVE DESCRIPTION INCLUDES, BUT
  223         IS NOT LIMITED TO, ALL APPURTENANCES TO THE
  224         CONDOMINIUM UNIT ABOVE DESCRIBED, INCLUDING THE
  225         UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF SAID
  226         CONDOMINIUM.
  227  
  228  ...(signature of witness)...	...(signature of authorized
  229  agent)...
  230  Print name: ....		Print name: ....
  231  
  232  ...(signature of witness)...
  233  Print name: ....
  234  
  235  Sworn to (or affirmed) and subscribed before me this .... day of
  236  ...., ...(year)..., by ...(name of person making statement)....
  237  ...(Signature of Notary Public)...
  238  ...(Print, type, or stamp commissioned name of Notary Public)...
  239  Personally Known.... OR Produced.... as identification.
  240  
  241         (6)(a) The association may bring an action in its name to
  242  foreclose a lien for assessments in the manner a mortgage of
  243  real property is foreclosed and may also bring an action to
  244  recover a money judgment for the unpaid assessments without
  245  waiving any claim of lien. The association is entitled to
  246  recover its reasonable attorney’s fees incurred in either a lien
  247  foreclosure action or an action to recover a money judgment for
  248  unpaid assessments.
  249         (b) No foreclosure judgment may be entered until at least
  250  30 days after the association gives written notice to the unit
  251  owner of its intention to foreclose its lien to collect the
  252  unpaid assessments. The notice must be in substantially the
  253  following form:
  254  
  255                        DELINQUENT ASSESSMENT                      
  256  
  257  This letter is to inform you a claim of lien has been filed
  258  against your property because you have not paid the ....
  259  assessment to .... Association. The Association intends to
  260  foreclose the lien and collect the unpaid amount within 30 days
  261  of this letter being provided to you.
  262  
  263  You owe the interest accruing from (month/year) to the present.
  264  As of the date of this letter, the total amount due with
  265  interest is $..... All costs of any action and interest from
  266  this day forward will also be charged to your account.
  267  
  268  Any questions concerning this matter should be directed to
  269  ...(insert name, addresses and phone numbers of Association
  270  representative)....
  271  
  272  If this notice is not given at least 30 days before the
  273  foreclosure action is filed, and if the unpaid assessments,
  274  including those coming due after the claim of lien is recorded,
  275  are paid before the entry of a final judgment of foreclosure,
  276  the association shall not recover attorney’s fees or costs. The
  277  notice must be given by delivery of a copy of it to the unit
  278  owner or by certified or registered mail, return receipt
  279  requested, addressed to the unit owner at his or her last known
  280  address; and, upon such mailing, the notice shall be deemed to
  281  have been given, and the court shall proceed with the
  282  foreclosure action and may award attorney’s fees and costs as
  283  permitted by law. The notice requirements of this subsection are
  284  satisfied if the unit owner records a notice of contest of lien
  285  as provided in subsection (5). The notice requirements of this
  286  subsection do not apply if an action to foreclose a mortgage on
  287  the condominium unit is pending before any court; if the rights
  288  of the association would be affected by such foreclosure; and if
  289  actual, constructive, or substitute service of process has been
  290  made on the unit owner.
  291         (c) If the unit owner remains in possession of the unit
  292  after a foreclosure judgment has been entered, the court, in its
  293  discretion, may require the unit owner to pay a reasonable
  294  rental for the unit. If the unit is rented or leased during the
  295  pendency of the foreclosure action, the association is entitled
  296  to the appointment of a receiver to collect the rent. The
  297  expenses of the receiver shall be paid by the party which does
  298  not prevail in the foreclosure action.
  299         (d) The association has the power to purchase the
  300  condominium parcel at the foreclosure sale and to hold, lease,
  301  mortgage, or convey it.
  302         Section 3. Subsection (4) of section 718.121, Florida
  303  Statutes, is amended to read:
  304         718.121 Liens.—
  305         (4) Except as otherwise provided in this chapter, no lien
  306  may be filed by the association against a condominium unit until
  307  30 days after the date on which a notice of intent to file a
  308  lien has been delivered to the owner by registered or certified
  309  mail, return receipt requested, and by first-class United States
  310  mail to the owner at his or her last address as reflected in the
  311  records of the association, if the address is within the United
  312  States, and delivered to the owner at the address of the unit if
  313  the owner’s address as reflected in the records of the
  314  association is not the unit address. If the address reflected in
  315  the records is outside the United States, sending the notice to
  316  that address and to the unit address by first-class United
  317  States mail is sufficient. Delivery of the notice shall be
  318  deemed given upon mailing as required by this subsection. The
  319  notice must be in substantially the following form:
  320  
  321             NOTICE OF INTENT TO RECORD A CLAIM OF LIEN            
  322  
  323  Re: Unit .... of ...(name of association)...
  324  
  325  The following amounts are currently due on your account to ....
  326  Association and must be paid within thirty (30) days after your
  327  receipt of this letter. This letter shall serve as the
  328  Association’s notice of intent to record a claim of lien against
  329  your property after thirty (30) days from your receipt of this
  330  letter, unless you pay in full the amounts set forth below:
  331  
  332  Maintenance due ...(dates)... ________			$....
  333  Late fee, if applicable						$....
  334  Interest through ________*					$....
  335  Certified mail charges						$....
  336  Other costs								$....
  337  
  338  TOTAL OUTSTANDING							$....
  339  
  340  *Interest accrues at the rate of $.... per day.
  341         Section 4. Subsections (3) and (4) of section 719.108,
  342  Florida Statutes, are amended to read:
  343         719.108 Rents and assessments; liability; lien and
  344  priority; interest; collection; cooperative ownership.—
  345         (3) Rents and assessments, and installments on them, not
  346  paid when due bear interest at the rate provided in the
  347  cooperative documents from the date due until paid. This rate
  348  may not exceed the rate allowed by law and, if a rate is not
  349  provided in the cooperative documents, accrues at 18 percent per
  350  annum. If the cooperative documents or bylaws so provide, the
  351  association may charge an administrative late fee in addition to
  352  such interest, not to exceed the greater of $25 or 5 percent of
  353  each installment of the assessment for each delinquent
  354  installment that the payment is late. The association may also
  355  recover from the unit owner any reasonable charges imposed upon
  356  the association under a contract with its management or
  357  bookkeeping company, or collection agent, incurred in connection
  358  with collecting a delinquent assessment. Any payment received by
  359  an association must be applied first to any interest accrued by
  360  the association, then to any administrative late fee, then to
  361  any costs and reasonable attorney attorney’s fees incurred in
  362  collection, then to any reasonable costs for collection services
  363  contracted for by the association, and then to the delinquent
  364  assessment. The foregoing applies notwithstanding any
  365  restrictive endorsement, designation, or instruction placed on
  366  or accompanying a payment. A late fee is not subject to chapter
  367  687 or s. 719.303(4).
  368         (4) The association has a lien on each cooperative parcel
  369  for any unpaid rents and assessments, plus interest, any
  370  reasonable costs for collection services contracted for by the
  371  association, and any authorized administrative late fees. If
  372  authorized by the cooperative documents, the lien also secures
  373  reasonable attorney attorney’s fees incurred by the association
  374  and all reasonable collection costs incident to the collection
  375  of the rents and assessments or enforcement of such lien. The
  376  lien is effective from and after recording a claim of lien in
  377  the public records in the county in which the cooperative parcel
  378  is located which states the description of the cooperative
  379  parcel, the name of the unit owner, the amount due, and the due
  380  dates. The lien expires if a claim of lien is not filed within 1
  381  year after the date the assessment was due, and the lien does
  382  not continue for longer than 1 year after the claim of lien has
  383  been recorded unless, within that time, an action to enforce the
  384  lien is commenced. Except as otherwise provided in this chapter,
  385  a lien may not be filed by the association against a cooperative
  386  parcel until 30 days after the date on which a notice of intent
  387  to file a lien has been delivered to the owner.
  388         (a) The notice must be sent to the unit owner at the
  389  address of the unit by first-class United States mail, and the
  390  notice must be in substantially the following form:
  391  
  392             NOTICE OF INTENT TO RECORD A CLAIM OF LIEN            
  393  
  394  Re: Unit .... of ...(name of cooperative)...
  395  
  396  The following amounts are currently due on your account to ....
  397  Association and must be paid within thirty (30) days after your
  398  receipt of this letter. This letter shall serve as the
  399  Association’s notice of intent to record a claim of lien against
  400  your property after thirty (30) days from your receipt of this
  401  letter, unless you pay in full the amounts set forth below:
  402  
  403  Maintenance due ...(dates)... ________			$....
  404  Late fee, if applicable						$....
  405  Interest through ________*					$....
  406  Certified mail charges						$....
  407  Other costs								$....
  408  
  409  TOTAL OUTSTANDING							$....
  410  
  411  *Interest accrues at the rate of $.... per day
  412         1. If the most recent address of the unit owner on the
  413  records of the association is the address of the unit, the
  414  notice must be sent by registered or certified mail, return
  415  receipt requested, to the unit owner at the address of the unit.
  416         2. If the most recent address of the unit owner on the
  417  records of the association is in the United States, but is not
  418  the address of the unit, the notice must be sent by registered
  419  or certified mail, return receipt requested, to the unit owner
  420  at his or her most recent address.
  421         3. If the most recent address of the unit owner on the
  422  records of the association is not in the United States, the
  423  notice must be sent by first-class United States mail to the
  424  unit owner at his or her most recent address.
  425         (b) 
  426  A notice that is sent pursuant to this paragraph subsection is
  427  deemed delivered upon mailing.
  428         (b) A claim of lien must be in substantially the following
  429  form:
  430  
  431                            CLAIM OF LIEN                          
  432  
  433  Before me, the undersigned notary public, personally appeared
  434  ...(name)... who was duly sworn and says that he/she is the
  435  authorized agent of the lienor, ...(name of association)...,
  436  whose address is ...(address)..., and that in accordance with
  437  the Cooperative Act and the cooperative documents of ...(name of
  438  cooperative)..., a cooperative, and the articles of
  439  incorporation and bylaws of the association, the association
  440  makes this claim of lien for ...(basis for claim of lien and
  441  date(s) of delinquency)..., for the following described property
  442  upon which the association asserts this lien:
  443  
  444         THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
  445         OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET
  446         FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
  447         ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
  448         IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE
  449         PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  450  
  451  The cooperative parcel is owned by ...(name of debtor)...,
  452  Debtor. There remains unpaid to the association the sum of
  453  $..... This lien secures these amounts, as well as any other
  454  amounts that a lien may secure pursuant to Chapter 719, Florida
  455  Statutes.
  456  
  457  ...(signature of witness)...	...(signature of authorized
  458  agent)...
  459  Print name: ....		Print name: ....
  460  
  461  ...(signature of witness)...
  462  Print name: ....
  463  
  464  Sworn to (or affirmed) and subscribed before me this .... day of
  465  ...., ...(year)..., by ...(name of person making statement)....
  466  ...(Signature of Notary Public)...
  467  ...(Print, type, or stamp commissioned name of Notary Public)...
  468  Personally Known.... OR Produced.... as identification.
  469  
  470  The claim must be executed and acknowledged by an officer or
  471  authorized agent of the association. The lien is not effective 1
  472  year after the claim of lien was recorded unless, within that
  473  time, an action to enforce the lien is commenced. The 1-year
  474  period is automatically extended for any length of time during
  475  which the association is prevented from filing a foreclosure
  476  action by an automatic stay resulting from a bankruptcy petition
  477  filed by the parcel owner or any other person claiming an
  478  interest in the parcel. The claim of lien secures all unpaid
  479  rents and assessments that are due and that may accrue after the
  480  claim of lien is recorded and through the entry of a final
  481  judgment, as well as interest and all reasonable costs and
  482  attorney fees incurred by the association incident to the
  483  collection process. Upon payment in full, the person making the
  484  payment is entitled to a satisfaction of the lien.
  485         (c) By recording a notice in substantially the following
  486  form, a unit owner or the unit owner’s agent or attorney may
  487  require the association to enforce a recorded claim of lien
  488  against his or her cooperative parcel:
  489  
  490                      NOTICE OF CONTEST OF LIEN                    
  491  
  492         TO: ...(Name and address of association)... You are
  493  notified that the undersigned contests the claim of lien filed
  494  by you on ...., ...(year)..., and recorded in Official Records
  495  Book .... at Page ...., of the public records of .... County,
  496  Florida, and that the time within which you may file suit to
  497  enforce your lien is limited to 90 days from the date of service
  498  of this notice. Executed this .... day of ...., ...(year)....
  499  Signed: ...(Owner or Attorney)...
  500  
  501  After notice of contest of lien has been recorded, the clerk of
  502  the circuit court shall mail a copy of the recorded notice to
  503  the association by certified mail, return receipt requested, at
  504  the address shown in the claim of lien or most recent amendment
  505  to it and shall certify to the service on the face of the
  506  notice. Service is complete upon mailing. After service, the
  507  association has 90 days in which to file an action to enforce
  508  the lien, and, if the action is not filed within the 90-day
  509  period, the lien is void. However, the 90-day period shall be
  510  extended for any length of time during which the association is
  511  prevented from filing its action because of an automatic stay
  512  resulting from the filing of a bankruptcy petition by the unit
  513  owner or by any other person claiming an interest in the parcel.
  514         (d) A release of lien must be in substantially the
  515  following form:
  516  
  517                           RELEASE OF LIEN                         
  518  
  519  The undersigned lienor, in consideration of the final payment in
  520  the amount of $...., hereby waives and releases its lien and
  521  right to claim a lien for unpaid assessments through ....,
  522  ...(year)..., recorded in Official Records Book .... at Page
  523  ...., of the public records of .... County, Florida, for the
  524  following described real property:
  525  
  526         THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
  527         OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET
  528         FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
  529         ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
  530         IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE
  531         PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  532  
  533  ...(signature of witness)...	...(signature of authorized
  534  agent)...
  535  Print name: ....		Print name: ....
  536  
  537  ...(signature of witness)...
  538  Print name: ....
  539  
  540  Sworn to (or affirmed) and subscribed before me this .... day of
  541  ...., ...(year)..., by ...(name of person making statement)....
  542  ...(Signature of Notary Public)...
  543  ...(Print, type, or stamp commissioned name of Notary Public)...
  544  Personally Known.... OR Produced.... as identification.
  545         Section 5. Subsections (1), (3), (4), and (5) of section
  546  720.3085, Florida Statutes, are amended to read:
  547         720.3085 Payment for assessments; lien claims.—
  548         (1) When authorized by the governing documents, the
  549  association has a lien on each parcel to secure the payment of
  550  assessments and other amounts provided for by this section.
  551  Except as otherwise set forth in this section, the lien is
  552  effective from and shall relate back to the date on which the
  553  original declaration of the community was recorded. However, as
  554  to first mortgages of record, the lien is effective from and
  555  after recording of a claim of lien in the public records of the
  556  county in which the parcel is located. This subsection does not
  557  bestow upon any lien, mortgage, or certified judgment of record
  558  on July 1, 2008, including the lien for unpaid assessments
  559  created in this section, a priority that, by law, the lien,
  560  mortgage, or judgment did not have before July 1, 2008.
  561         (a) To be valid, A claim of lien must be in substantially
  562  the following form:
  563  
  564                            CLAIM OF LIEN                          
  565  
  566  Before me, the undersigned notary public, personally appeared
  567  ...(name)... who was duly sworn and says that he/she is the
  568  authorized agent of the lienor, ...(name of association)...,
  569  whose address is ...(address)..., and that in accordance with
  570  Chapter 720, Florida Statutes, and the governing documents of
  571  ...(name of association)..., a homeowners’ association, the
  572  association makes this claim of lien for ...(basis for claim of
  573  lien and date(s) of delinquency)..., for the following described
  574  real property upon which the association asserts this lien:
  575  
  576         ...(PARCEL NO. .... OR LOT AND BLOCK)..._ OF ....
  577         SUBDIVISION AS SHOWN IN THE PLAT THEREOF, RECORDED AT
  578         PLAT BOOK ...., PAGE ...., OF THE OFFICIAL RECORDS OF
  579         .... COUNTY, FLORIDA.
  580  
  581         ...(or insert appropriate metes and bounds description
  582         here)...
  583  
  584  The property is owned by ...(name of debtor)..., Debtor. There
  585  remains unpaid to the association the sum of $..... This lien
  586  secures these amounts, as well as any other amounts that a lien
  587  may secure pursuant to Chapter 720, Florida Statutes.
  588  
  589  ...(signature of witness)...	...(signature of authorized
  590  agent)...
  591  Print name: ....		Print name: ....
  592  
  593  ...(signature of witness)...
  594  Print name: ....
  595  
  596  Sworn to (or affirmed) and subscribed before me this .... day of
  597  ...., ...(year)..., by ...(name of person making statement)....
  598  ...(Signature of Notary Public)...
  599  ...(Print, type, or stamp commissioned name of Notary Public)...
  600  Personally Known.... OR Produced.... as identification.
  601  
  602  must state the description of the parcel, the name of the record
  603  owner, the name and address of the association, the assessment
  604  amount due, and the due date. The claim of lien secures all
  605  unpaid assessments that are due and that may accrue subsequent
  606  to the recording of the claim of lien and before entry of a
  607  certificate of title, as well as interest, late charges, and
  608  reasonable collection costs and attorney attorney’s fees
  609  incurred by the association incident to the collection process.
  610  The person making payment is entitled to a satisfaction of the
  611  lien upon payment in full.
  612         (b) By recording a notice in substantially the following
  613  form, a parcel owner or the parcel owner’s agent or attorney may
  614  require the association to enforce a recorded claim of lien
  615  against his or her parcel:
  616  
  617                      NOTICE OF CONTEST OF LIEN                    
  618  
  619  TO: ...(Name and address of association)...
  620  You are notified that the undersigned contests the claim of lien
  621  filed by you on ...., ...(year)..., and recorded in Official
  622  Records Book .... at page ...., of the public records of ....
  623  County, Florida, and that the time within which you may file
  624  suit to enforce your lien is limited to 90 days following the
  625  date of service of this notice. Executed this .... day of ....,
  626  ...(year)....
  627  Signed: ...(Owner or Attorney)...
  628  
  629  After the notice of a contest of lien has been recorded, the
  630  clerk of the circuit court shall mail a copy of the recorded
  631  notice to the association by certified mail, return receipt
  632  requested, at the address shown in the claim of lien or the most
  633  recent amendment to it and shall certify to the service on the
  634  face of the notice. Service is complete upon mailing. After
  635  service, the association has 90 days in which to file an action
  636  to enforce the lien and, if the action is not filed within the
  637  90-day period, the lien is void. However, the 90-day period
  638  shall be extended for any length of time that the association is
  639  prevented from filing its action because of an automatic stay
  640  resulting from the filing of a bankruptcy petition by the parcel
  641  owner or by any other person claiming an interest in the parcel.
  642         (c) The association may bring an action in its name to
  643  foreclose a lien for assessments in the same manner in which a
  644  mortgage of real property is foreclosed and may also bring an
  645  action to recover a money judgment for the unpaid assessments
  646  without waiving any claim of lien. The association is entitled
  647  to recover its reasonable attorney’s fees incurred in an action
  648  to foreclose a lien or an action to recover a money judgment for
  649  unpaid assessments.
  650         (d) A release of lien must be in substantially the
  651  following form:
  652  
  653                           RELEASE OF LIEN                         
  654  
  655  The undersigned lienor, in consideration of the final payment in
  656  the amount of $...., hereby waives and releases its lien and
  657  right to claim a lien for unpaid assessments through ....,
  658  ...(year)..., recorded in Official Records Book .... at Page
  659  ...., of the public records of .... County, Florida, for the
  660  following described real property:
  661  
  662         ...(PARCEL NO. .... OR LOT AND BLOCK)... OF ....
  663         SUBDIVISION AS SHOWN IN THE PLAT THEREOF, RECORDED AT
  664         PLAT BOOK ...., PAGE ...., OF THE OFFICIAL RECORDS OF
  665         .... COUNTY, FLORIDA.
  666  
  667         ...(or insert appropriate metes and bounds description
  668         here)...
  669  
  670  ...(signature of witness)...	...(signature of authorized
  671  agent)...
  672  
  673  ...(signature of witness)...
  674  
  675  Sworn to (or affirmed) and subscribed before me this .... day of
  676  ...., ...(year)..., by ...(name of person making statement)....
  677  ...(Signature of Notary Public)...
  678  ...(Print, type, or stamp commissioned name of Notary Public)...
  679  Personally Known.... OR Produced.... as identification.
  680  
  681         (e)(d) If the parcel owner remains in possession of the
  682  parcel after a foreclosure judgment has been entered, the court
  683  may require the parcel owner to pay a reasonable rent for the
  684  parcel. If the parcel is rented or leased during the pendency of
  685  the foreclosure action, the association is entitled to the
  686  appointment of a receiver to collect the rent. The expenses of
  687  the receiver must be paid by the party who does not prevail in
  688  the foreclosure action.
  689         (f)(e) The association may purchase the parcel at the
  690  foreclosure sale and hold, lease, mortgage, or convey the
  691  parcel.
  692         (3) Assessments and installments on assessments that are
  693  not paid when due bear interest from the due date until paid at
  694  the rate provided in the declaration of covenants or the bylaws
  695  of the association, which rate may not exceed the rate allowed
  696  by law. If no rate is provided in the declaration or bylaws,
  697  interest accrues at the rate of 18 percent per year.
  698         (a) If the declaration or bylaws so provide, the
  699  association may also charge an administrative late fee not to
  700  exceed the greater of $25 or 5 percent of the amount of each
  701  installment that is paid past the due date. The association may
  702  also recover from the parcel owner any reasonable charges
  703  imposed upon the association under a contract with its
  704  management or bookkeeping company, or collection agent, incurred
  705  in connection with collecting a delinquent assessment.
  706         (b) Any payment received by an association and accepted
  707  shall be applied first to any interest accrued, then to any
  708  administrative late fee, then to any costs and reasonable
  709  attorney attorney’s fees incurred in collection, then to any
  710  reasonable costs for collection services contracted for by the
  711  association, and then to the delinquent assessment. This
  712  paragraph applies notwithstanding any restrictive endorsement,
  713  designation, or instruction placed on or accompanying a payment.
  714  A late fee is not subject to the provisions of chapter 687 and
  715  is not a fine.
  716         (4) A homeowners’ association may not file a record of lien
  717  against a parcel for unpaid assessments unless a written notice
  718  or demand for past due assessments as well as any other amounts
  719  owed to the association pursuant to its governing documents has
  720  been made by the association. The written notice or demand must:
  721         (a) Provide the owner with 45 days following the date the
  722  notice is deposited in the mail to make payment for all amounts
  723  due, including, but not limited to, any attorney’s fees and
  724  actual costs associated with the preparation and delivery of the
  725  written demand. The notice must be in substantially the
  726  following form:
  727  
  728             NOTICE OF INTENT TO RECORD A CLAIM OF LIEN            
  729  
  730  Re: Parcel or (lot/block) .... of ...(name of association)...
  731  
  732  The following amounts are currently due on your account to ....
  733  Association, and must be paid within forty-five (45) days after
  734  your receipt of this letter. This letter shall serve as the
  735  Association’s notice of intent to record a claim of lien against
  736  your property after forty-five (45) days from your receipt of
  737  this letter, unless you pay in full the amounts set forth below:
  738  
  739  Maintenance due ...(dates)... ________			$....
  740  Late fee, if applicable						$....
  741  Interest through ________*					$....
  742  Certified mail charges						$....
  743  Other costs								$....
  744  
  745  TOTAL OUTSTANDING							$....
  746  
  747  *Interest accrues at the rate of $.... per day.
  748         (b) Be sent by registered or certified mail, return receipt
  749  requested, and by first-class United States mail to the parcel
  750  owner at his or her last address as reflected in the records of
  751  the association, if the address is within the United States, and
  752  to the parcel owner subject to the demand at the address of the
  753  parcel if the owner’s address as reflected in the records of the
  754  association is not the parcel address. If the address reflected
  755  in the records is outside the United States, then sending the
  756  notice to that address and to the parcel address by first-class
  757  United States mail is sufficient.
  758         (5) The association may bring an action in its name to
  759  foreclose a lien for unpaid assessments secured by a lien in the
  760  same manner that a mortgage of real property is foreclosed and
  761  may also bring an action to recover a money judgment for the
  762  unpaid assessments without waiving any claim of lien. The action
  763  to foreclose the lien may not be brought until 45 days after the
  764  parcel owner has been provided notice of the association’s
  765  intent to foreclose and collect the unpaid amount. The notice
  766  must be given in the manner provided in paragraph (4)(b), and
  767  the notice may not be provided until the passage of the 45 days
  768  required in paragraph (4)(a). The notice must be in
  769  substantially the following form:
  770  
  771                        DELINQUENT ASSESSMENT                      
  772  
  773  This letter is to inform you a claim of lien has been filed
  774  against your property because you have not paid the ....
  775  assessment to .... Association. The Association intends to
  776  foreclose the lien and collect the unpaid amount within 45 days
  777  of this letter being provided to you.
  778  
  779  You owe the interest accruing from (month/year) to the present.
  780  As of the date of this letter, the total amount due with
  781  interest is $..... All costs of any action and interest from
  782  this day forward will also be charged to your account.
  783  
  784  Any questions concerning this matter should be directed to
  785  ...(insert name, addresses and phone numbers of Association
  786  representative)....
  787         (a) The association may recover any interest, late charges,
  788  costs, and reasonable attorney attorney’s fees incurred in a
  789  lien foreclosure action or in an action to recover a money
  790  judgment for the unpaid assessments.
  791         (b) The time limitations in this subsection do not apply if
  792  the parcel is subject to a foreclosure action or forced sale of
  793  another party, or if an owner of the parcel is a debtor in a
  794  bankruptcy proceeding.
  795         Section 6. This act shall take effect July 1, 2014.