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 |
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51 | Be It Enacted by the Legislature of the State of Florida: |
52 |
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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 |
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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. |