Senate Bill sb1402

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    Florida Senate - 2004                                  SB 1402

    By Senator Fasano





    11-676A-04

  1                      A bill to be entitled

  2         An act relating to conveyances of land;

  3         transferring, renumbering, and amending s.

  4         689.26, F.S.; providing that certain contracts

  5         are voidable for a specified period; requiring

  6         that a purchaser provide written notice of

  7         cancellation; transferring and renumbering s.

  8         689.265, F.S., relating to required financial

  9         reports of certain residential subdivision

10         developers; amending s. 498.025, F.S., relating

11         to the disposition of subdivided lands;

12         conforming cross-references; providing an

13         effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Section 689.26, Florida Statutes, is

18  transferred, renumbered as section 720.3085, Florida Statutes,

19  and amended to read:

20         720.3085 689.26  Prospective purchasers subject to

21  association membership requirement; disclosure required;

22  covenants; assessments; contract voidability.--

23         (1)(a)  A prospective parcel owner in a community must

24  be presented a disclosure summary before executing the

25  contract for sale.  The disclosure summary must be in a form

26  substantially similar to the following form:

27  

28                        DISCLOSURE SUMMARY

29                                FOR

30                        (NAME OF COMMUNITY)

31  

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    Florida Senate - 2004                                  SB 1402
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 1         1.  AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU

 2  (WILL) (WILL NOT) BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS'

 3  ASSOCIATION.

 4         2.  THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE

 5  COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN

 6  THIS COMMUNITY.

 7         3.  YOU (WILL) (WILL NOT) BE OBLIGATED TO PAY

 8  ASSESSMENTS TO THE ASSOCIATION. YOU (WILL) (WILL NOT) BE

 9  OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE

10  MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE

11  SUBJECT TO PERIODIC CHANGE.

12         4.  YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR

13  ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION

14  COULD RESULT IN A LIEN ON YOUR PROPERTY.

15         5.  THERE (IS) (IS NOT) AN OBLIGATION TO PAY RENT OR

16  LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED

17  FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS'

18  ASSOCIATION.  (If such obligation exists, then the amount of

19  the current obligation shall be set forth.)

20         6.  THE RESTRICTIVE COVENANTS (CAN) (CANNOT) BE AMENDED

21  WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR, IF NO

22  MANDATORY ASSOCIATION EXISTS, PARCEL OWNERS.

23         7.  THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM

24  ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER,

25  YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION

26  GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY.

27         8.  THESE DOCUMENTS ARE MATTERS OF PUBLIC RECORD AND

28  CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE

29  PROPERTY IS LOCATED.

30  DATE:                                               PURCHASER:

31                                                      PURCHASER:

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    Florida Senate - 2004                                  SB 1402
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 1  

 2  The disclosure must be supplied by the developer, or by the

 3  parcel owner if the sale is by an owner that is not the

 4  developer.  Any contract or agreement for sale shall refer to

 5  and incorporate the disclosure summary and shall include, in

 6  prominent language, a statement that the potential buyer

 7  should not execute the contract or agreement until they have

 8  received and read the disclosure summary required by this

 9  section.

10         (b)  Each contract entered into for the sale of

11  property governed by covenants subject to disclosure required

12  by this section must contain in conspicuous type a clause that

13  states:

14  

15         IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION

16         720.3085 689.26, FLORIDA STATUTES, HAS NOT BEEN

17         PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE

18         EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT

19         IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR

20         SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE

21         OF THE BUYER'S INTENTION TO CANCEL WITHIN 3

22         DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR

23         PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY

24         PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS

25         NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT

26         SHALL TERMINATE AT CLOSING.

27  

28         (c)  If the disclosure summary is not provided to a

29  prospective purchaser before the purchaser executes a contract

30  for the sale of property governed by covenants that are

31  subject to disclosure pursuant to this section, the purchaser

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    Florida Senate - 2004                                  SB 1402
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 1  may void the contract by delivering to the seller or the

 2  seller's agent or representative written notice canceling the

 3  contract within 3 days after receipt of the disclosure summary

 4  or prior to closing, whichever occurs first. This right may

 5  not be waived by the purchaser, but terminates at closing. A

 6  contract that does not conform to the requirements of this

 7  subsection is voidable at the option of the purchaser prior to

 8  closing.

 9         (2)  This section does not apply to any association

10  regulated under chapter 718, chapter 719, chapter 721, or

11  chapter 723 or to a subdivider registered under chapter 498;

12  and also does not apply if disclosure regarding the

13  association is otherwise made in connection with the

14  requirements of chapter 718, chapter 719, chapter 721, or

15  chapter 723.

16         Section 2.  Section 689.265, Florida Statutes, is

17  transferred and renumbered as section 720.3086, Florida

18  Statutes, to read:

19         720.3086 689.265  Financial report.--In a residential

20  subdivision in which the owners of lots or parcels must pay

21  mandatory maintenance or amenity fees to the subdivision

22  developer or to the owners of the common areas, recreational

23  facilities, and other properties serving the lots or parcels,

24  the developer or owner of such areas, facilities, or

25  properties shall make public, within 60 days following the end

26  of each fiscal year, a complete financial report of the

27  actual, total receipts of mandatory maintenance or amenity

28  fees received by it, and an itemized listing of the

29  expenditures made by it from such fees, for that year.  Such

30  report shall be made public by mailing it to each lot or

31  parcel owner in the subdivision, by publishing it in a

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    Florida Senate - 2004                                  SB 1402
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 1  publication regularly distributed within the subdivision, or

 2  by posting it in prominent locations in the subdivision.  This

 3  section does not apply to amounts paid to homeowner

 4  associations pursuant to chapter 617, chapter 718, chapter

 5  719, chapter 721, or chapter 723, or to amounts paid to local

 6  governmental entities, including special districts.

 7         Section 3.  Paragraphs (g) and (h) of subsection (2) of

 8  section 498.025, Florida Statutes, are amended to read:

 9         498.025  Exemptions.--

10         (2)  Except as provided in s. 498.022, the provisions

11  of this chapter do not apply to offers or dispositions of

12  interests in lots, parcels, or units contained in a recorded

13  subdivision plat, or resulting from the subdivision of land in

14  accordance with applicable local land development laws and

15  regulations pursuant to part II of chapter 163, including

16  lots, parcels, units, or interest vested under such part, if

17  all of the following conditions exist:

18         (g)  The contract for purchase or lease contains, and

19  the subdivider complies with, the following provisions:

20         1.  The purchaser must inspect the subdivided land

21  prior to the execution of the contract or lease.

22         2.  The purchaser shall have an absolute right to

23  cancel the contract or lease for any reason whatsoever for a

24  period of 7 business days following the date on which the

25  contract or lease was executed by the purchaser.

26         3.  In the event the purchaser elects to cancel within

27  the period provided, all funds or other property paid by the

28  purchaser shall be refunded without penalty or obligation

29  within 20 days of the receipt of the notice of cancellation by

30  the developer.

31  

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    Florida Senate - 2004                                  SB 1402
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 1         4.  All funds or for property paid by the purchaser

 2  shall be put in escrow until closing has occurred and the

 3  lease or deed has been recorded.

 4         5.  Unless otherwise timely canceled, closing shall

 5  occur within 180 days of the date of execution of the contract

 6  by the purchaser.

 7         6.  When title is conveyed, said title shall be

 8  conveyed by statutory warranty deed unencumbered by any lien

 9  or mortgage except for any first purchase money mortgage given

10  by the purchaser and restrictions, covenants, or easements of

11  record.

12         7.  The subdivider presents to the purchaser the

13  disclosure required by s. 720.3085 s. 689.26 prior to the

14  execution of the contract or lease.

15         (h)  The agreement for deed contains, and the

16  subdivider complies with, the following provisions:

17         1.  The purchaser must inspect the subdivided land

18  prior to the execution of the agreement for deed.

19         2.  The purchaser shall have an absolute right to

20  cancel the agreement for deed for any reason whatsoever for a

21  period of 7 business days following the date on which the

22  agreement for deed was executed by the purchaser.

23         3.  If the purchaser elects to cancel within the period

24  provided, all funds or other property paid by the purchaser

25  shall be refunded without penalty or obligation within 20 days

26  after the receipt of the notice of cancellation by the

27  developer.

28         4.  All funds or for property paid by the purchaser

29  shall be put in escrow until the agreement for deed has been

30  recorded in the county in which the subdivision is located.

31  

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    Florida Senate - 2004                                  SB 1402
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 1         5.  Unless otherwise timely canceled, the agreement for

 2  deed shall be recorded within 180 days after its execution by

 3  the purchaser.

 4         6.  Sale of lots in the subdivision shall be restricted

 5  solely to residents of the state.

 6         7.  The underlying mortgage or other ancillary

 7  documents shall contain release provisions for the individual

 8  lot purchased.

 9         8.  The subdivider presents to the purchaser the

10  disclosure required by s. 720.3085 s. 689.26 prior to the

11  execution of the agreement for deed.

12         Section 4.  This act shall take effect July 1, 2004.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Transfers and renumbers two provisions relating to
      community associations. Provides a 3-day grace period
17    during which a prospective purchase contract for property
      in a community is voidable. (See bill for details.)
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