| 1 | Representative Robaina offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 618 and 619, insert: |
| 5 | Section 5. Section (8) is added to section 720.3085, |
| 6 | Florida Statutes, to read: |
| 7 | 720.3085 Payment for assessments; lien claims.-- |
| 8 | (8) During the pendency of any foreclosure action of a |
| 9 | parcel within a homeowners' association, if the home is occupied |
| 10 | by a tenant and the parcel owner is delinquent in the payment of |
| 11 | regular assessments, the association may demand that the tenant |
| 12 | pay to the association the future regular assessments related to |
| 13 | the parcel. The demand shall be continuing in nature, and upon |
| 14 | demand the tenant shall continue to pay the regular assessments |
| 15 | to the association until the association releases the tenant or |
| 16 | the tenant discontinues tenancy in the unit. The association |
| 17 | shall mail written notice to the parcel owner of the |
| 18 | association's demand that the tenant pay regular assessments to |
| 19 | the association. The tenant shall not be liable for increases in |
| 20 | the amount of the regular assessment due unless the tenant was |
| 21 | reasonably notified of the increase prior to the day that the |
| 22 | rent is due. The tenant shall be given a credit against rents |
| 23 | due to the parcel owner in the amount of assessments paid to the |
| 24 | association. The association shall, upon request, provide the |
| 25 | tenant with written receipts for payments made. The association |
| 26 | may issue notices under s. 83.56 and may sue for eviction under |
| 27 | ss. 83.59-83.625 as if the association were a landlord under |
| 28 | part II of chapter 83 should the tenant fail to pay an |
| 29 | assessment. However, the association shall not otherwise be |
| 30 | considered a landlord under chapter 83 and shall specifically |
| 31 | not have any duty under s. 83.51. The tenant shall not, by |
| 32 | virtue of payment of assessments, have any of the rights of a |
| 33 | unit owner to vote in any election or to examine the books and |
| 34 | records of the association. A court may supersede the effect of |
| 35 | this subsection by appointing a receiver. |
| 36 | Section 6. Section 720.3095, Florida Statutes, is created |
| 37 | to read: |
| 38 | 720.3095 Management and maintenance agreements entered |
| 39 | into by the association.-- |
| 40 | (1) A written contract between a party contracting to |
| 41 | provide maintenance or management services and an association |
| 42 | which provides for operation, maintenance, or management of a |
| 43 | homeowners' association is not valid or enforceable unless the |
| 44 | contract: |
| 45 | (a) Specifies the services, obligations, and |
| 46 | responsibilities of the party contracting to provide maintenance |
| 47 | or management services to the unit owners. |
| 48 | (b) Specifies those costs incurred in the performance of |
| 49 | those services, obligations, or responsibilities which are to be |
| 50 | reimbursed by the association to the party contracting to |
| 51 | provide maintenance or management services. |
| 52 | (c) Provides an indication of how often each service, |
| 53 | obligation, or responsibility is to be performed, whether stated |
| 54 | for each service, obligation, or responsibility or in categories |
| 55 | thereof. |
| 56 | (d) Specifies a minimum number of personnel to be employed |
| 57 | by the party contracting to provide maintenance or management |
| 58 | services for the purpose of providing service to the |
| 59 | association. |
| 60 | (e) Discloses any financial or ownership interest which |
| 61 | the developer, if the developer is in control of the |
| 62 | association, holds with regard to the party contracting to |
| 63 | provide maintenance or management services. |
| 64 | (f) Discloses any financial or ownership interest a board |
| 65 | member or any party providing maintenance or management services |
| 66 | to the association holds with the contracting party. |
| 67 | (2) In any case in which the party contracting to provide |
| 68 | maintenance or management services fails to provide such |
| 69 | services in accordance with the contract, the association is |
| 70 | authorized to procure such services from some other party and |
| 71 | shall be entitled to collect any fees or charges paid for |
| 72 | services performed by another party from the party contracting |
| 73 | to provide maintenance or management services. |
| 74 | (3) Any services or obligations not stated on the face of |
| 75 | the contract shall be unenforceable. |
| 76 | (4) Notwithstanding the fact that certain vendors contract |
| 77 | with associations to maintain equipment or property which is |
| 78 | made available to serve unit owners, it is the intent of the |
| 79 | Legislature that this section applies to contracts for |
| 80 | maintenance or management services for which the association |
| 81 | pays compensation. This section does not apply to contracts for |
| 82 | services or property made available for the convenience of unit |
| 83 | owners by lessees or licensees of the association, such as coin- |
| 84 | operated laundry, food, soft drink, or telephone vendors; cable |
| 85 | television operators; retail store operators; businesses; |
| 86 | restaurants; or similar vendors. |
| 87 | Section 7. Section 720.3096, Florida Statutes, is created |
| 88 | to read: |
| 89 | 720.3096 Limitation on agreements entered into by the |
| 90 | association.--As to any contract or other transaction between an |
| 91 | association and one or more of its directors or any other |
| 92 | corporation, firm, association, or entity in which one or more |
| 93 | of its directors are directors or officers or are financially |
| 94 | interested: |
| 95 | (1) The association shall comply with the requirements of |
| 96 | s. 617.0832. |
| 97 | (2) The disclosures required by s. 617.0832 shall be |
| 98 | entered into the written minutes of the meeting. |
| 99 | (3) Approval of the contract or other transaction shall |
| 100 | require an affirmative vote of two-thirds of the directors |
| 101 | present. |
| 102 | (4) At the next regular or special meeting of the members, |
| 103 | the existence of the contract or other transaction shall be |
| 104 | disclosed to the members. Upon motion of any member, the |
| 105 | contract or transaction shall be brought up for a vote and may |
| 106 | be canceled by a majority vote of the members present. If the |
| 107 | members cancel the contract, the association shall be liable for |
| 108 | only the reasonable value of goods and services provided up to |
| 109 | the time of cancellation and shall not be liable for any |
| 110 | termination fee, liquidated damages, or other form of penalty |
| 111 | for such cancellation. |
| 112 |
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| 113 | ----------------------------------------------------- |
| 114 | T I T L E A M E N D M E N T |
| 115 | Remove line 28 and insert: |
| 116 | certifications for a specified time; amending s. 720.3085, F.S.; |
| 117 | requiring a tenant in a unit in which the regular assessments |
| 118 | are delinquent to pay future regular assessments to the |
| 119 | association; requiring notice; providing for eviction by the |
| 120 | association; specifying rights of the tenant; creating s. |
| 121 | 720.3095, F.S.; providing requirements of maintenance and |
| 122 | management contracts of a homeowners' association; requiring |
| 123 | disclosures; providing a penalty; providing exceptions; creating |
| 124 | s. 720.3096, F.S.; limiting contracts entered into by a |
| 125 | homeowners' association; providing requirements for such |
| 126 | contracts; amending s. 720.401, |