1 | A bill to be entitled |
2 | An act relating to community associations; amending s. |
3 | 718.1124, F.S., and creating ss. 719.1124 and 720.3053, |
4 | F.S.; providing for notification of a unit owner's or |
5 | member's intent to petition for the appointment of a |
6 | receiver if an association's governing board fails to fill |
7 | vacancies sufficient to constitute a quorum; providing for |
8 | written notice to unit owners or members of any such |
9 | appointment; requiring the salary of the receiver and |
10 | certain costs and fees to be paid by the association; |
11 | providing powers, duties, and term of service of the |
12 | receiver; amending s. 718.117, F.S., and creating ss. |
13 | 718.127, 719.127, and 720.313, F.S.; specifying |
14 | receivership notification requirements with respect to |
15 | condominium associations, cooperative associations, and |
16 | homeowners' associations; amending s. 718.121, F.S.; |
17 | providing requirements and restrictions for liens filed by |
18 | the association against a condominium unit; providing for |
19 | notice and delivery thereof; amending s. 719.108, F.S.; |
20 | prohibiting a lien from being filed against a condominium |
21 | unit or cooperative parcel until 30 days after service of |
22 | a notice of intent to file the lien; amending s. 720.305, |
23 | F.S.; deleting notification requirements for the |
24 | appointment of a receiver under specified circumstances |
25 | for matters relating to homeowners' associations; |
26 | providing an effective date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Section 718.1124, Florida Statutes, is amended |
31 | to read: |
32 | 718.1124 Failure to fill vacancies on board of |
33 | administration sufficient to constitute a quorum; appointment of |
34 | receiver upon petition of unit owner.-- |
35 | (1) If an association fails to fill vacancies on the board |
36 | of administration sufficient to constitute a quorum in |
37 | accordance with the bylaws, any unit owner may give notice of |
38 | his or her intent to apply to the circuit court within whose |
39 | jurisdiction the condominium lies for the appointment of a |
40 | receiver to manage the affairs of the association. The form of |
41 | the notice shall be as follows: |
42 | |
43 | NOTICE OF INTENT TO APPLY FOR RECEIVERSHIP |
44 | |
45 | YOU ARE HEREBY NOTIFIED that the undersigned owner of |
46 | a condominium unit in (name of condominium) intends |
47 | to file a petition in the circuit court for |
48 | appointment of a receiver to manage the affairs of the |
49 | association on the grounds that the association has |
50 | failed to fill vacancies on the board of |
51 | administration sufficient to constitute a quorum. This |
52 | petition will not be filed if the vacancies are filled |
53 | within 30 days after the date on which this notice was |
54 | sent or posted, whichever is later. If a receiver is |
55 | appointed, the receiver shall have all of the powers |
56 | of the board and shall be entitled to receive a salary |
57 | and reimbursement of all costs and attorney's fees |
58 | payable from association funds. |
59 | |
60 | (name and address of petitioning unit owner) |
61 | |
62 | (2) The notice required by subsection (1) must be provided |
63 | by At least 30 days prior to applying to the circuit court, the |
64 | unit owner shall mail to the association by certified mail or |
65 | personal delivery, must be posted and post in a conspicuous |
66 | place on the condominium property, and must be provided to every |
67 | unit owner of the association by certified mail or personal |
68 | delivery. The a notice must be posted and mailed or delivered at |
69 | least 30 days prior to the filing of a petition seeking |
70 | receivership. Notice by mail to a unit owner shall be sent to |
71 | the address used by the county property appraiser for notice to |
72 | the unit owner describing the intended action, giving the |
73 | association the opportunity to fill the vacancies. |
74 | (3) If during such time the association fails to fill the |
75 | vacancies within 30 days after the notice required by subsection |
76 | (1) is posted and mailed or delivered, the unit owner may |
77 | proceed with the petition. |
78 | (4) If a receiver is appointed, all unit owners shall be |
79 | given written notice of such appointment as provided in s. |
80 | 718.127. |
81 | (5) The association shall be responsible for the salary of |
82 | the receiver, court costs, and attorney's fees. The receiver |
83 | shall have all powers and duties of a duly constituted board of |
84 | administration and shall serve until the association fills |
85 | vacancies on the board sufficient to constitute a quorum and the |
86 | court relieves the receiver of the appointment. |
87 | Section 2. Paragraph (a) of subsection (7) of section |
88 | 718.117, Florida Statutes, is amended to read: |
89 | 718.117 Termination of condominium.-- |
90 | (7) NATURAL DISASTERS.-- |
91 | (a) If, after a natural disaster, the identity of the |
92 | directors or their right to hold office is in doubt, if they are |
93 | deceased or unable to act, if they fail or refuse to act, or if |
94 | they cannot be located, any interested person may petition the |
95 | circuit court to determine the identity of the directors or, if |
96 | found to be in the best interests of the unit owners, to appoint |
97 | a receiver to conclude the affairs of the association after a |
98 | hearing following notice to such persons as the court directs. |
99 | Lienholders shall be given notice of the petition and have the |
100 | right to propose persons for the consideration by the court as |
101 | receiver. If a receiver is appointed, the court shall direct the |
102 | receiver to provide to all unit owners written notice of his or |
103 | her appointment as receiver. Such notice shall be mailed or |
104 | delivered within 10 days after the appointment. Notice by mail |
105 | to a unit owner shall be sent to the address used by the county |
106 | property appraiser for notice to the unit owner. |
107 | Section 3. Subsection (4) is added to section 718.121, |
108 | Florida Statutes, to read: |
109 | 718.121 Liens.-- |
110 | (4) Except as otherwise provided in this chapter, no lien |
111 | may be filed by the association against a condominium unit until |
112 | 30 days after the date on which a notice of intent to file a |
113 | lien has been delivered to the owner by registered or certified |
114 | mail, return receipt requested, and by first-class United States |
115 | mail to the owner at his or her last address as reflected in the |
116 | records of the association, if the address is within the United |
117 | States, and delivered to the owner at the address of the unit if |
118 | the owner's address as reflected in the records of the |
119 | association is not the unit address. If the address reflected in |
120 | the records is outside the United States, sending the notice to |
121 | that address and to the unit address by first-class United |
122 | States mail is sufficient. Delivery of the notice shall be |
123 | deemed given upon mailing as required by this subsection. |
124 | Section 4. Section 718.127, Florida Statutes, is created |
125 | to read: |
126 | 718.127 Receivership notification.--Upon the appointment |
127 | of a receiver by a court for any reason relating to a |
128 | condominium association, the court shall direct the receiver to |
129 | provide to all unit owners written notice of his or her |
130 | appointment as receiver. Such notice shall be mailed or |
131 | delivered within 10 days after the appointment. Notice by mail |
132 | to a unit owner shall be sent to the address used by the county |
133 | property appraiser for notice to the unit owner. |
134 | Section 5. Subsection (4) of section 719.108, Florida |
135 | Statutes, is amended to read: |
136 | 719.108 Rents and assessments; liability; lien and |
137 | priority; interest; collection; cooperative ownership.-- |
138 | (4) The association shall have a lien on each cooperative |
139 | parcel for any unpaid rents and assessments, plus interest, |
140 | against the unit owner of the cooperative parcel. If authorized |
141 | by the cooperative documents, said lien shall also secure |
142 | reasonable attorney's fees incurred by the association incident |
143 | to the collection of the rents and assessments or enforcement of |
144 | such lien. The lien is effective from and after the recording of |
145 | a claim of lien in the public records in the county in which the |
146 | cooperative parcel is located which states the description of |
147 | the cooperative parcel, the name of the unit owner, the amount |
148 | due, and the due dates. The lien shall expire if a claim of lien |
149 | is not filed within 1 year after the date the assessment was |
150 | due, and no such lien shall continue for a longer period than 1 |
151 | year after the claim of lien has been recorded unless, within |
152 | that time, an action to enforce the lien is commenced in a court |
153 | of competent jurisdiction. No lien may be filed by the |
154 | association against a cooperative parcel until 30 days after the |
155 | date on which a notice of intent to file a lien has been served |
156 | on the unit owner of the cooperative parcel by certified mail or |
157 | by personal service in the manner authorized by chapter 48 and |
158 | the Florida Rules of Civil Procedure. |
159 | Section 6. Section 719.1124, Florida Statutes, is created |
160 | to read: |
161 | 719.1124 Failure to fill vacancies on board of |
162 | administration sufficient to constitute a quorum; appointment of |
163 | receiver upon petition of unit owner.-- |
164 | (1) If an association fails to fill vacancies on the board |
165 | of administration sufficient to constitute a quorum in |
166 | accordance with the bylaws, any unit owner may give notice of |
167 | his or her intent to apply to the circuit court within whose |
168 | jurisdiction the cooperative lies for the appointment of a |
169 | receiver to manage the affairs of the association. The form of |
170 | the notice shall be as follows: |
171 |
|
172 | NOTICE OF INTENT TO APPLY FOR RECEIVERSHIP |
173 | |
174 | YOU ARE HEREBY NOTIFIED that the undersigned owner of |
175 | a unit in (name of cooperative) intends to file a |
176 | petition in the circuit court for appointment of a |
177 | receiver to manage the affairs of the association on |
178 | the grounds that the association has failed to fill |
179 | vacancies on the board of administration sufficient to |
180 | constitute a quorum. This petition will not be filed |
181 | if the vacancies are filled within 30 days after the |
182 | date on which this notice was sent or posted, |
183 | whichever is later. If a receiver is appointed, the |
184 | receiver shall have all of the powers of the board and |
185 | shall be entitled to receive a salary and |
186 | reimbursement of all costs and attorney's fees payable |
187 | from association funds. |
188 | |
189 | (name and address of petitioning unit owner) |
190 |
|
191 | (2) The notice required by subsection (1) must be provided |
192 | by the unit owner to the association by certified mail or |
193 | personal delivery, must be posted in a conspicuous place on the |
194 | cooperative property, and must be provided to every unit owner |
195 | of the association by certified mail or personal delivery. The |
196 | notice must be posted and mailed or delivered at least 30 days |
197 | prior to the filing of a petition seeking receivership. Notice |
198 | by mail to a unit owner shall be sent to the address used by the |
199 | county property appraiser for notice to the unit owner. |
200 | (3) If the association fails to fill the vacancies within |
201 | 30 days after the notice required by subsection (1) is posted |
202 | and mailed or delivered, the unit owner may proceed with the |
203 | petition. |
204 | (4) If a receiver is appointed, all unit owners shall be |
205 | given written notice of such appointment as provided in s. |
206 | 719.127. |
207 | (5) The association shall be responsible for the salary of |
208 | the receiver, court costs, and attorney's fees. The receiver |
209 | shall have all powers and duties of a duly constituted board of |
210 | administration and shall serve until the association fills |
211 | vacancies on the board sufficient to constitute a quorum and the |
212 | court relieves the receiver of the appointment. |
213 | Section 7. Section 719.127, Florida Statutes, is created |
214 | to read: |
215 | 719.127 Receivership notification.--Upon the appointment |
216 | of a receiver by a court for any reason relating to a |
217 | cooperative association, the court shall direct the receiver to |
218 | provide to all unit owners written notice of his or her |
219 | appointment as receiver. Such notice shall be mailed or |
220 | delivered within 10 days after the appointment. Notice by mail |
221 | to a unit owner shall be sent to the address used by the county |
222 | property appraiser for notice to the unit owner. |
223 | Section 8. Subsection (4) of section 720.305, Florida |
224 | Statutes, is amended to read: |
225 | 720.305 Obligations of members; remedies at law or in |
226 | equity; levy of fines and suspension of use rights; failure to |
227 | fill sufficient number of vacancies on board of directors to |
228 | constitute a quorum; appointment of receiver upon petition of |
229 | any member.-- |
230 | (4) If an association fails to fill vacancies on the board |
231 | of directors sufficient to constitute a quorum in accordance |
232 | with the bylaws, any member may apply to the circuit court that |
233 | has jurisdiction over the community served by the association |
234 | for the appointment of a receiver to manage the affairs of the |
235 | association. At least 30 days before applying to the circuit |
236 | court, the member shall mail to the association, by certified or |
237 | registered mail, and post, in a conspicuous place on the |
238 | property of the community served by the association, a notice |
239 | describing the intended action, giving the association 30 days |
240 | to fill the vacancies. If during such time the association fails |
241 | to fill a sufficient number of vacancies so that a quorum can be |
242 | assembled, the member may proceed with the petition. If a |
243 | receiver is appointed, the homeowners' association shall be |
244 | responsible for the salary of the receiver, court costs, |
245 | attorney's fees, and all other expenses of the receivership. The |
246 | receiver has all the powers and duties of a duly constituted |
247 | board of directors and shall serve until the association fills a |
248 | sufficient number of vacancies on the board so that a quorum can |
249 | be assembled. |
250 | Section 9. Section 720.3053, Florida Statutes, is created |
251 | to read: |
252 | 720.3053 Failure to fill vacancies on board of directors |
253 | sufficient to constitute a quorum; appointment of receiver upon |
254 | petition of member.-- |
255 | (1) If an association fails to fill vacancies on the board |
256 | of directors sufficient to constitute a quorum in accordance |
257 | with the bylaws, any member may give notice of the member's |
258 | intent to apply to the circuit court within whose jurisdiction |
259 | the association lies for the appointment of a receiver to manage |
260 | the affairs of the association. The form of the notice shall be |
261 | as follows: |
262 | |
263 | NOTICE OF INTENT TO APPLY FOR RECEIVERSHIP |
264 | |
265 | YOU ARE HEREBY NOTIFIED that the undersigned member of |
266 | (name of homeowners' association) intends to file a |
267 | petition in the circuit court for appointment of a |
268 | receiver to manage the affairs of the association on |
269 | the grounds that the association has failed to fill |
270 | vacancies on the board of directors sufficient to |
271 | constitute a quorum. This petition will not be filed |
272 | if the vacancies are filled within 30 days after the |
273 | date on which this notice was sent or posted, |
274 | whichever is later. If a receiver is appointed, the |
275 | receiver shall have all of the powers of the board and |
276 | shall be entitled to receive a salary and |
277 | reimbursement of all costs and attorney's fees payable |
278 | from association funds. |
279 | |
280 | (name and address of petitioning member) |
281 | |
282 | (2) The notice required by subsection (1) must be provided |
283 | by the member to the association by certified mail or personal |
284 | delivery, must be posted in a conspicuous place within the |
285 | homeowners' association, and must be provided to every member of |
286 | the association by certified mail or personal delivery. The |
287 | notice must be posted and mailed or delivered at least 30 days |
288 | prior to the filing of a petition seeking receivership. Notice |
289 | by mail to a member shall be sent to the address used by the |
290 | county property appraiser for notice to the member. |
291 | (3) If the association fails to fill the vacancies within |
292 | 30 days after the notice required by subsection (1) is posted |
293 | and mailed or delivered, the member may proceed with the |
294 | petition. |
295 | (4) If a receiver is appointed, all members shall be given |
296 | written notice of such appointment as provided in s. 720.313. |
297 | (5) The association shall be responsible for the salary of |
298 | the receiver, court costs, and attorney's fees. The receiver |
299 | shall have all powers and duties of a duly constituted board of |
300 | directors and shall serve until the association fills vacancies |
301 | on the board sufficient to constitute a quorum and the court |
302 | relieves the receiver of the appointment. |
303 | Section 10. Section 720.313, Florida Statutes, is created |
304 | to read: |
305 | 720.313 Receivership notification.--Upon the appointment |
306 | of a receiver by a court for any reason relating to a |
307 | homeowners' association, the court shall direct the receiver to |
308 | provide to all members written notice of his or her appointment |
309 | as receiver. Such notice shall be mailed or delivered within 10 |
310 | days after the appointment. Notice by mail to a member shall be |
311 | sent to the address used by the county property appraiser for |
312 | notice to the owner of the property. |
313 | Section 11. This act shall take effect July 1, 2008. |