HB 959

1	A bill to be entitled
2	An act relating to residential properties; amending s.
3	633.0215, F.S.; providing an exemption, if certain
4	conditions are met, from the requirement that certain
5	condominiums install a manual fire alarm system as
6	required in the Life Safety Code; amending s. 718.112,
7	F.S.; prohibiting an authority having jurisdiction from
8	requiring the completion of retrofitting of common areas
9	with a sprinkler system before a specified date; providing
10	that certain condominiums need not retrofit the inside of
11	units with fire alarm systems or smoke-detection systems;
12	amending s. 718.116, F.S.; providing that a person
13	acquiring title to a condominium by foreclosure or
14	recorded deed is liable for certain additional unpaid
15	expenses and assessments; clarifying the definition of
16	"successor or assignee"; requiring that certain first
17	mortgagees exercise property preservation rights under
18	certain circumstances; authorizing a homeowners'
19	association to preserve or maintain the unit in a safe
20	condition under certain circumstances; requiring that
21	certain costs incurred by an association be deemed an
22	individual assessment against the unit being foreclosed;
23	providing that a first mortgagee is liable for certain
24	special assessments levied against a unit during the
25	pendency of a foreclosure action under certain
26	circumstances; authorizing an association to initiate
27	certain causes of action; authorizing an association to
28	recover reasonable attorney's fees incurred as a result of
29	pursuing certain causes of action; amending s. 720.3085,
30	F.S.; providing that a first mortgagee is liable for
31	certain special assessments levied against a unit during
32	the pendency of a foreclosure action under certain
33	circumstances; requiring that certain first mortgagees
34	exercise property preservation rights under certain
35	circumstances; authorizing a homeowners' association to
36	preserve or maintain the unit in a safe condition under
37	certain circumstances; requiring that certain costs
38	incurred by an association be deemed an individual
39	assessment against the unit being foreclosed; creating s.
40	720.314, F.S.; defining the term "common area facilities"
41	for specified purposes; authorizing a condominium or
42	homeowners' association to disallow the use of common area
43	facilities by unit owners who are delinquent in the
44	payment of association fees by more than a specified
45	number of days; repealing s. 553.509(2), F.S., relating to
46	a requirement that public elevators capable of operating
47	from an alternate power source be installed in certain
48	multifamily dwellings or condominiums; providing an
49	effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Subsection (13) is added to section 633.0215,
54	Florida Statutes, to read:
55	633.0215  Florida Fire Prevention Code.-
56	(13)  A condominium that is one or two stories in height
57	and that has a corridor providing an exterior means of egress is
58	exempt from the requirement to install a manual fire alarm
59	system, as required in s. 9.6 of the most recent edition of the
60	Life Safety Code adopted in the Florida Fire Prevention Code.
61	Section 2.  Paragraph (l) of subsection (2) of section
62	718.112, Florida Statutes, is amended to read:
63	718.112  Bylaws.-
64	(2)  REQUIRED PROVISIONS.-The bylaws shall provide for the
65	following and, if they do not do so, shall be deemed to include
66	the following:
67	(l)  Certificate of compliance.-There shall be a provision
68	that a certificate of compliance from a licensed electrical
69	contractor or electrician may be accepted by the association's
70	board as evidence of compliance of the condominium units with
71	the applicable fire and life safety code. Notwithstanding the
72	provisions of chapter 633 or of any other code, statute,
73	ordinance, administrative rule, or regulation, or any
74	interpretation of the foregoing, an association, condominium, or
75	unit owner is not obligated to retrofit the common elements or
76	units of a residential condominium with a fire sprinkler system
77	or other engineered lifesafety system in a building that has
78	been certified for occupancy by the applicable governmental
79	entity, if the unit owners have voted to forego such
80	retrofitting and engineered lifesafety system by the affirmative
81	vote of two-thirds of all voting interests in the affected
82	condominium. However, a condominium association may not vote to
83	forego the retrofitting with a fire sprinkler system of common
84	areas in a high-rise building. For purposes of this subsection,
85	the term "high-rise building" means a building that is greater
86	than 75 feet in height where the building height is measured
87	from the lowest level of fire department access to the floor of
88	the highest occupiable story. For purposes of this subsection,
89	the term "common areas" means any enclosed hallway, corridor,
90	lobby, stairwell, or entryway. In no event shall the local
91	authority having jurisdiction require completion of retrofitting
92	of common areas with a sprinkler system before the end of 2019
93	2014. A condominium that has 1 1/2 hour or higher fire-rated
94	walls and that is not a high-rise building need not retrofit the
95	inside of units with fire alarm systems or smoke-detection
96	systems.
97	1.  A vote to forego retrofitting may be obtained by
98	limited proxy or by a ballot personally cast at a duly called
99	membership meeting, or by execution of a written consent by the
100	member, and shall be effective upon the recording of a
101	certificate attesting to such vote in the public records of the
102	county where the condominium is located. The association shall
103	mail, hand deliver, or electronically transmit to each unit
104	owner written notice at least 14 days prior to such membership
105	meeting in which the vote to forego retrofitting of the required
106	fire sprinkler system is to take place. Within 30 days after the
107	association's opt-out vote, notice of the results of the opt-out
108	vote shall be mailed, hand delivered, or electronically
109	transmitted to all unit owners. Evidence of compliance with this
110	30-day notice shall be made by an affidavit executed by the
111	person providing the notice and filed among the official records
112	of the association. After such notice is provided to each owner,
113	a copy of such notice shall be provided by the current owner to
114	a new owner before prior to closing and shall be provided by a
115	unit owner to a renter before prior to signing a lease.
116	2.  As part of the information collected annually from
117	condominiums, the division shall require condominium
118	associations to report the membership vote and recording of a
119	certificate under this subsection and, if retrofitting has been
120	undertaken, the per-unit cost of such work. The division shall
121	annually report to the Division of State Fire Marshal of the
122	Department of Financial Services the number of condominiums that
123	have elected to forego retrofitting.
124	Section 3.  Paragraphs (b) and (g) of subsection (1) of
125	section 718.116, Florida Statutes, are amended, and paragraphs
126	(h), (i), and (j) are added to that subsection, to read:
127	718.116  Assessments; liability; lien and priority;
128	interest; collection.-
129	(1)
130	(b)  The liability of a first mortgagee or its successor or
131	assignees who acquire title to a unit by foreclosure or by
132	recorded deed in lieu of foreclosure for the unpaid assessments
133	that became due before prior to the mortgagee's acquisition of
134	title is limited to the lesser of:
135	1.  The unit's unpaid common expenses and regular periodic
136	assessments that which accrued or came due during the 12 6
137	months immediately preceding the acquisition of title and for
138	which payment in full has not been received by the association;
139	or
140	2.  One percent of the original mortgage debt. The
141	provisions of this paragraph apply only if the first mortgagee
142	joined the association as a defendant in the foreclosure action.
143	Joinder of the association is not required if, on the date the
144	complaint is filed, the association was dissolved or did not
145	maintain an office or agent for service of process at a location
146	which was known to or reasonably discoverable by the mortgagee.
147	(g)  For purposes of this subsection, the term "successor
148	or assignee" as used with respect to a first mortgagee includes
149	only a subsequent holder of the first mortgage who acquires the
150	first mortgage before any action to foreclose the first mortgage
151	is filed.
152	(h)  In addition to the first mortgagee's obligations set
153	forth in paragraph (b), as to an individual unit, if the first
154	mortgagee institutes a foreclosure action against the unit
155	owner, the first mortgagee must exercise any property
156	preservation rights available under the mortgage being
157	foreclosed. If the first mortgagee fails to timely fulfill its
158	obligations under this section, the association may undertake
159	any reasonable action to otherwise preserve and maintain the
160	unit in a safe condition. Costs incurred by the association in
161	exercising this right shall be deemed an individual assessment
162	against the unit for which the association may pursue a lien or
163	foreclosure action.
164	(i)  In addition to the first mortgagee's obligations set
165	forth in paragraph (b), if the first mortgagee institutes a
166	foreclosure action against the unit owner, the first mortgagee
167	is liable for any special assessments levied against the unit
168	during the pendency of such action for damage to the common
169	elements, roof, structural components of the building, and
170	mechanical, electrical, and plumbing elements serving the
171	building caused by windstorm, fire, or other casualty or act of
172	God, the purpose for which is to repair, restore, or replace the
173	common elements to pre-loss conditions, and which are needed to
174	pay for any deductibles or increase in the association's
175	casualty insurance premiums.
176	(j)  The association may bring an action in its name to
177	foreclose a lien for assessments in the same manner that a
178	mortgage of real property is foreclosed, as well as an action to
179	recover a monetary judgment for the unpaid assessments without
180	having any claim of lien. The association is entitled to recover
181	its reasonable attorney's fees incurred in a lien foreclosure
182	action or an action to recover a monetary judgment for unpaid
183	assessments.
184	Section 4.  Subsection (2) of section 720.3085, Florida
185	Statutes, is amended to read:
186	720.3085  Payment for assessments; lien claims.-
187	(2)(a)  A parcel owner, regardless of how his or her title
188	to property has been acquired, including by purchase at a
189	foreclosure sale or by deed in lieu of foreclosure, is liable
190	for all assessments that come due while he or she is the parcel
191	owner. The parcel owner's liability for assessments may not be
192	avoided by waiver or suspension of the use or enjoyment of any
193	common area or by abandonment of the parcel upon which the
194	assessments are made.
195	(b)  A parcel owner is jointly and severally liable with
196	the previous parcel owner for all unpaid assessments that came
197	due up to the time of transfer of title. This liability is
198	without prejudice to any right the present parcel owner may have
199	to recover any amounts paid by the present owner from the
200	previous owner.
201	(c)  Notwithstanding anything to the contrary contained in
202	this section, the liability of a first mortgagee, or its
203	successor or assignee as a subsequent holder of the first
204	mortgage who acquires title to a parcel by foreclosure or by
205	recorded deed in lieu of foreclosure for the unpaid assessments
206	that became due before the mortgagee's acquisition of title,
207	shall be the lesser of:
208	1.  The parcel's unpaid common expenses and regular
209	periodic or special assessments that accrued or came due during
210	the 12 months immediately preceding the acquisition of title and
211	for which payment in full has not been received by the
212	association; or
213	2.  One percent of the original mortgage debt.
214	(d)  In addition to the first mortgagee's obligations set
215	forth in paragraph (c), if the first mortgagee institutes a
216	foreclosure action against the unit owner, the first mortgagee
217	is liable for any special assessments levied against the unit
218	during the pendency of such action for damage to the common
219	elements, roof, structural components of the building, and
220	mechanical, electrical, and plumbing elements serving the
221	building caused by windstorm, fire, or other casualty or act of
222	God, the purpose for which is to repair, restore, or replace the
223	common elements to pre-loss conditions, and which are needed to
224	pay for any deductibles or increase in the association's
225	casualty insurance premiums.
226	(e)  In addition to the first mortgagee's obligations set
227	forth in paragraph (c), as to an individual unit, if the first
228	mortgagee institutes a foreclosure action against the unit
229	owner, the first mortgagee must exercise any property
230	preservation rights available under the mortgage being
231	foreclosed. If the first mortgagee fails to timely fulfill its
232	obligations under this section, the association may undertake
233	any reasonable action to otherwise preserve and maintain the
234	unit in a safe condition. Costs incurred by the association in
235	exercising this right shall be deemed an individual assessment
236	against the unit for which the association may pursue a lien or
237	foreclosure action.
238
239	The limitations on first mortgagee liability provided in this
240	subsection by this paragraph apply only if the first mortgagee
241	filed suit against the parcel owner and initially joined the
242	association as a defendant in the mortgagee foreclosure action.
243	Joinder of the association is not required if, on the date the
244	complaint is filed, the association was dissolved or did not
245	maintain an office or agent for service of process at a location
246	that was known to or reasonably discoverable by the mortgagee.
247	Section 5.  Section 720.314, Florida Statutes, is created
248	to read:
249	720.314  Common area facilities; restriction of use.-
250	(1)  For purposes of this section, the term "common area
251	facilities" includes, but is not limited to, any clubhouse,
252	entertainment facility, exercise facility, swimming pool, tennis
253	court, or other recreation area owned or maintained by a
254	homeowners' or condominium association and provided for use by
255	dues-paying members of such association.
256	(2)  A condominium association or homeowners' association
257	may disallow the use of common area facilities by unit owners
258	who are delinquent in the payment of association fees by more
259	than 90 days.
260	Section 6.  Subsection (2) of section 553.509, Florida
261	Statutes, is repealed.
262	Section 7.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.