1 | Representative Sands offered the following: |
2 |
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3 | Substitute Amendment for Amendment (768683) (with title |
4 | amendment) |
5 | Remove lines 5-119 and insert: |
6 | Section 1. Section 720.3085, Florida Statutes, is created |
7 | to read: |
8 | 720.3085 Payment for assessments; lien claims.-- |
9 | (1) A parcel owner, regardless of how his or her title to |
10 | property has been acquired, including by purchase at a |
11 | foreclosure sale or by deed in lieu of foreclosure, is liable |
12 | for all assessments that come due while he or she is the parcel |
13 | owner. The parcel owner's liability for assessments may not be |
14 | avoided by waiver or suspension of the use or enjoyment of any |
15 | common area or by abandonment of the parcel upon which the |
16 | assessments are made. |
17 | (2) A parcel owner is jointly and severally liable with |
18 | the previous parcel owner for all unpaid assessments that came |
19 | due up to the time of transfer of title. This liability is |
20 | without prejudice to any right the present parcel owner may have |
21 | to recover any amounts paid by the present owner from the |
22 | previous owner. |
23 | (3) Assessments and installments on assessments that are |
24 | not paid when due bear interest from the due date until paid at |
25 | the rate provided in the declaration of covenants or the bylaws |
26 | of the association, which rate may not exceed the rate allowed |
27 | by law. If no rate is provided in the declaration or bylaws, |
28 | interest accrues at the rate of 18 percent per year. |
29 | (a) If the declaration or bylaws so provide, the |
30 | association may also charge an administrative late fee in an |
31 | amount not to exceed the greater of $25 or 5 percent of the |
32 | amount of each installment that is paid past the due date. |
33 | (b) Any payment received by an association and accepted |
34 | shall be applied first to any interest accrued, then to any |
35 | administrative late fee, then to any costs and reasonable |
36 | attorney's fees incurred in collection, and then to the |
37 | delinquent assessment. This paragraph applies notwithstanding |
38 | any restrictive endorsement, designation, or instruction placed |
39 | on or accompanying a payment. A late fee is not subject to the |
40 | provisions of chapter 687 and is not a fine. |
41 | (4) A homeowners' association may not file a claim of lien |
42 | against a parcel for unpaid assessments unless a written notice |
43 | or demand for past due assessments as well as any other amounts |
44 | owed to the association pursuant to its governing documents has |
45 | been made by the association. The written notice or demand must: |
46 | (a) Provide the owner with 45 days to make payment for all |
47 | amounts due, including, but not limited to, any attorney's fees |
48 | and actual costs associated with the preparation and delivery of |
49 | the written demand. |
50 | (b) Be sent by registered or certified mail, return |
51 | receipt requested, and by first-class United States Mail to the |
52 | parcel owner at his or her last address as reflected in the |
53 | records of the association, if the address is within the United |
54 | States, and to the parcel owner subject to the demand at the |
55 | address of the parcel if the owner's address as reflected in the |
56 | records of the association is not the parcel address. If the |
57 | address reflected in the records is outside the United States, |
58 | then sending the notice to that address and to the parcel |
59 | address by first-class United States mail is sufficient. |
60 | (5) The association may bring an action in its name to |
61 | foreclose a lien for unpaid assessments secured by a lien in the |
62 | same manner that a mortgage of real property is foreclosed and |
63 | may also bring an action to recover a money judgment for the |
64 | unpaid assessments without waiving any claim of lien. Such |
65 | action may not be brought until 45 days after the parcel owner |
66 | has been provided notice of the association's intent to |
67 | foreclose and collect the unpaid amount. |
68 | (a) The association may recover any reasonable attorney's |
69 | fees incurred in a lien foreclosure action or in an action to |
70 | recover a money judgment for the unpaid assessments. |
71 | (b) The association may purchase the parcel at the |
72 | foreclosure sale and hold, lease, mortgage, or convey the |
73 | parcel. |
74 | (6) If after service of a summons on a complaint to |
75 | foreclose a lien the parcel is not the subject of a mortgage |
76 | foreclosure or a notice of tax certificate sale, or the parcel |
77 | owner is not a debtor in bankruptcy proceedings, the parcel |
78 | owner may serve and file with the court a qualifying offer at |
79 | any time before the entry of a foreclosure judgment. For |
80 | purposes of this subsection, the term "qualifying offer" means a |
81 | written offer to pay all amounts secured by the lien of the |
82 | association plus interest accruing during the pendency of the |
83 | offer at the rate of interest provided in this section. The |
84 | parcel owner may make only one qualifying offer during the |
85 | pendency of a foreclosure action. |
86 | (a) The parcel owner shall deliver a copy of the filed |
87 | qualifying offer to the association's attorney by hand delivery |
88 | or by certified mail, return receipt requested. |
89 | (b) The parcel owner's filing of the qualifying offer with |
90 | the court stays the foreclosure action for the period stated in |
91 | the qualifying offer, which may not exceed 60 days, to permit |
92 | the parcel owner to pay the qualifying offer to the association |
93 | plus any interest accruing during the pendency of the offer. |
94 | (c) The qualifying offer of the parcel owner must be in |
95 | writing, be signed by the owner of the parcel and the spouse of |
96 | the owner if the spouse holds a homestead interest in the |
97 | parcel, be acknowledged by a notary public, state the total |
98 | amount due the association, state that the total amount due the |
99 | association is secured by the lien of the association, state |
100 | that the association is entitled to foreclose the lien and |
101 | obtain a foreclosure judgment for the total amount due if the |
102 | parcel owner breaches the qualifying offer, state that the |
103 | parcel owner will not endanger the priority of the lien of the |
104 | association or the amounts secured by the lien, and state the |
105 | actual date or dates the association will receive the total |
106 | amount due from the parcel owner. If the parcel owner makes a |
107 | qualifying offer under this subsection, the association may not |
108 | add the cost of any legal fees incurred by the association |
109 | within the period of the stay other than costs acquired in |
110 | defense of a mortgage foreclosure action concerning the parcel, |
111 | a bankruptcy proceeding in which the parcel owner is a debtor, |
112 | or in response to filings by a party other than the association |
113 | in the lien foreclosure action of the association. |
114 | (d) If the parcel owner breaches the qualifying offer, the |
115 | stay shall be vacated and the association may proceed in its |
116 | action to obtain a foreclosure judgment against the parcel and |
117 | the parcel owners for the amount in the qualifying offer and any |
118 | amounts accruing after the date of the qualifying offer. |
119 | Section 2. This act shall take effect July 1, 2007. |
120 |
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121 | =========== T I T L E A M E N D M E N T ======== |
122 | Remove lines 123-133 and insert: |
123 | A bill to be entitled |
124 | An act relating to homeowners' associations; creating s. |
125 | 720.3085, F.S.; providing that a parcel owner is liable for all |
126 | assessments on a parcel; providing for the payment of interest |
127 | and late fees on unpaid assessments; prioritizing the |
128 | application of any payment received; prohibiting the placement |
129 | of a restriction statement on the payment; providing for the |
130 | filing of a claim of lien for unpaid assessments; providing for |
131 | the foreclosure of the lien; providing for notice to the owner; |
132 | providing for a qualifying offer from the owner; providing an |
133 | effective date. |