HB 959

1
A bill to be entitled
2An act relating to residential properties; amending s.
3633.0215, F.S.; providing an exemption, if certain
4conditions are met, from the requirement that certain
5condominiums install a manual fire alarm system as
6required in the Life Safety Code; amending s. 718.112,
7F.S.; prohibiting an authority having jurisdiction from
8requiring the completion of retrofitting of common areas
9with a sprinkler system before a specified date; providing
10that certain condominiums need not retrofit the inside of
11units with fire alarm systems or smoke-detection systems;
12amending s. 718.116, F.S.; providing that a person
13acquiring title to a condominium by foreclosure or
14recorded deed is liable for certain additional unpaid
15expenses and assessments; clarifying the definition of
16"successor or assignee"; requiring that certain first
17mortgagees exercise property preservation rights under
18certain circumstances; authorizing a homeowners'
19association to preserve or maintain the unit in a safe
20condition under certain circumstances; requiring that
21certain costs incurred by an association be deemed an
22individual assessment against the unit being foreclosed;
23providing that a first mortgagee is liable for certain
24special assessments levied against a unit during the
25pendency of a foreclosure action under certain
26circumstances; authorizing an association to initiate
27certain causes of action; authorizing an association to
28recover reasonable attorney's fees incurred as a result of
29pursuing certain causes of action; amending s. 720.3085,
30F.S.; providing that a first mortgagee is liable for
31certain special assessments levied against a unit during
32the pendency of a foreclosure action under certain
33circumstances; requiring that certain first mortgagees
34exercise property preservation rights under certain
35circumstances; authorizing a homeowners' association to
36preserve or maintain the unit in a safe condition under
37certain circumstances; requiring that certain costs
38incurred by an association be deemed an individual
39assessment against the unit being foreclosed; creating s.
40720.314, F.S.; defining the term "common area facilities"
41for specified purposes; authorizing a condominium or
42homeowners' association to disallow the use of common area
43facilities by unit owners who are delinquent in the
44payment of association fees by more than a specified
45number of days; repealing s. 553.509(2), F.S., relating to
46a requirement that public elevators capable of operating
47from an alternate power source be installed in certain
48multifamily dwellings or condominiums; providing an
49effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Subsection (13) is added to section 633.0215,
54Florida Statutes, to read:
55     633.0215  Florida Fire Prevention Code.-
56     (13)  A condominium that is one or two stories in height
57and that has a corridor providing an exterior means of egress is
58exempt from the requirement to install a manual fire alarm
59system, as required in s. 9.6 of the most recent edition of the
60Life Safety Code adopted in the Florida Fire Prevention Code.
61     Section 2.  Paragraph (l) of subsection (2) of section
62718.112, Florida Statutes, is amended to read:
63     718.112  Bylaws.-
64     (2)  REQUIRED PROVISIONS.-The bylaws shall provide for the
65following and, if they do not do so, shall be deemed to include
66the following:
67     (l)  Certificate of compliance.-There shall be a provision
68that a certificate of compliance from a licensed electrical
69contractor or electrician may be accepted by the association's
70board as evidence of compliance of the condominium units with
71the applicable fire and life safety code. Notwithstanding the
72provisions of chapter 633 or of any other code, statute,
73ordinance, administrative rule, or regulation, or any
74interpretation of the foregoing, an association, condominium, or
75unit owner is not obligated to retrofit the common elements or
76units of a residential condominium with a fire sprinkler system
77or other engineered lifesafety system in a building that has
78been certified for occupancy by the applicable governmental
79entity, if the unit owners have voted to forego such
80retrofitting and engineered lifesafety system by the affirmative
81vote of two-thirds of all voting interests in the affected
82condominium. However, a condominium association may not vote to
83forego the retrofitting with a fire sprinkler system of common
84areas in a high-rise building. For purposes of this subsection,
85the term "high-rise building" means a building that is greater
86than 75 feet in height where the building height is measured
87from the lowest level of fire department access to the floor of
88the highest occupiable story. For purposes of this subsection,
89the term "common areas" means any enclosed hallway, corridor,
90lobby, stairwell, or entryway. In no event shall the local
91authority having jurisdiction require completion of retrofitting
92of common areas with a sprinkler system before the end of 2019
932014. A condominium that has 1 1/2 hour or higher fire-rated
94walls and that is not a high-rise building need not retrofit the
95inside of units with fire alarm systems or smoke-detection
96systems.
97     1.  A vote to forego retrofitting may be obtained by
98limited proxy or by a ballot personally cast at a duly called
99membership meeting, or by execution of a written consent by the
100member, and shall be effective upon the recording of a
101certificate attesting to such vote in the public records of the
102county where the condominium is located. The association shall
103mail, hand deliver, or electronically transmit to each unit
104owner written notice at least 14 days prior to such membership
105meeting in which the vote to forego retrofitting of the required
106fire sprinkler system is to take place. Within 30 days after the
107association's opt-out vote, notice of the results of the opt-out
108vote shall be mailed, hand delivered, or electronically
109transmitted to all unit owners. Evidence of compliance with this
11030-day notice shall be made by an affidavit executed by the
111person providing the notice and filed among the official records
112of the association. After such notice is provided to each owner,
113a copy of such notice shall be provided by the current owner to
114a new owner before prior to closing and shall be provided by a
115unit owner to a renter before prior to signing a lease.
116     2.  As part of the information collected annually from
117condominiums, the division shall require condominium
118associations to report the membership vote and recording of a
119certificate under this subsection and, if retrofitting has been
120undertaken, the per-unit cost of such work. The division shall
121annually report to the Division of State Fire Marshal of the
122Department of Financial Services the number of condominiums that
123have elected to forego retrofitting.
124     Section 3.  Paragraphs (b) and (g) of subsection (1) of
125section 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;
128interest; collection.-
129     (1)
130     (b)  The liability of a first mortgagee or its successor or
131assignees who acquire title to a unit by foreclosure or by
132recorded deed in lieu of foreclosure for the unpaid assessments
133that became due before prior to the mortgagee's acquisition of
134title is limited to the lesser of:
135     1.  The unit's unpaid common expenses and regular periodic
136assessments that which accrued or came due during the 12 6
137months immediately preceding the acquisition of title and for
138which payment in full has not been received by the association;
139or
140     2.  One percent of the original mortgage debt. The
141provisions of this paragraph apply only if the first mortgagee
142joined the association as a defendant in the foreclosure action.
143Joinder of the association is not required if, on the date the
144complaint is filed, the association was dissolved or did not
145maintain an office or agent for service of process at a location
146which was known to or reasonably discoverable by the mortgagee.
147     (g)  For purposes of this subsection, the term "successor
148or assignee" as used with respect to a first mortgagee includes
149only a subsequent holder of the first mortgage who acquires the
150first mortgage before any action to foreclose the first mortgage
151is filed.
152     (h)  In addition to the first mortgagee's obligations set
153forth in paragraph (b), as to an individual unit, if the first
154mortgagee institutes a foreclosure action against the unit
155owner, the first mortgagee must exercise any property
156preservation rights available under the mortgage being
157foreclosed. If the first mortgagee fails to timely fulfill its
158obligations under this section, the association may undertake
159any reasonable action to otherwise preserve and maintain the
160unit in a safe condition. Costs incurred by the association in
161exercising this right shall be deemed an individual assessment
162against the unit for which the association may pursue a lien or
163foreclosure action.
164     (i)  In addition to the first mortgagee's obligations set
165forth in paragraph (b), if the first mortgagee institutes a
166foreclosure action against the unit owner, the first mortgagee
167is liable for any special assessments levied against the unit
168during the pendency of such action for damage to the common
169elements, roof, structural components of the building, and
170mechanical, electrical, and plumbing elements serving the
171building caused by windstorm, fire, or other casualty or act of
172God, the purpose for which is to repair, restore, or replace the
173common elements to pre-loss conditions, and which are needed to
174pay for any deductibles or increase in the association's
175casualty insurance premiums.
176     (j)  The association may bring an action in its name to
177foreclose a lien for assessments in the same manner that a
178mortgage of real property is foreclosed, as well as an action to
179recover a monetary judgment for the unpaid assessments without
180having any claim of lien. The association is entitled to recover
181its reasonable attorney's fees incurred in a lien foreclosure
182action or an action to recover a monetary judgment for unpaid
183assessments.
184     Section 4.  Subsection (2) of section 720.3085, Florida
185Statutes, 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
188to property has been acquired, including by purchase at a
189foreclosure sale or by deed in lieu of foreclosure, is liable
190for all assessments that come due while he or she is the parcel
191owner. The parcel owner's liability for assessments may not be
192avoided by waiver or suspension of the use or enjoyment of any
193common area or by abandonment of the parcel upon which the
194assessments are made.
195     (b)  A parcel owner is jointly and severally liable with
196the previous parcel owner for all unpaid assessments that came
197due up to the time of transfer of title. This liability is
198without prejudice to any right the present parcel owner may have
199to recover any amounts paid by the present owner from the
200previous owner.
201     (c)  Notwithstanding anything to the contrary contained in
202this section, the liability of a first mortgagee, or its
203successor or assignee as a subsequent holder of the first
204mortgage who acquires title to a parcel by foreclosure or by
205recorded deed in lieu of foreclosure for the unpaid assessments
206that became due before the mortgagee's acquisition of title,
207shall be the lesser of:
208     1.  The parcel's unpaid common expenses and regular
209periodic or special assessments that accrued or came due during
210the 12 months immediately preceding the acquisition of title and
211for which payment in full has not been received by the
212association; or
213     2.  One percent of the original mortgage debt.
214     (d)  In addition to the first mortgagee's obligations set
215forth in paragraph (c), if the first mortgagee institutes a
216foreclosure action against the unit owner, the first mortgagee
217is liable for any special assessments levied against the unit
218during the pendency of such action for damage to the common
219elements, roof, structural components of the building, and
220mechanical, electrical, and plumbing elements serving the
221building caused by windstorm, fire, or other casualty or act of
222God, the purpose for which is to repair, restore, or replace the
223common elements to pre-loss conditions, and which are needed to
224pay for any deductibles or increase in the association's
225casualty insurance premiums.
226     (e)  In addition to the first mortgagee's obligations set
227forth in paragraph (c), as to an individual unit, if the first
228mortgagee institutes a foreclosure action against the unit
229owner, the first mortgagee must exercise any property
230preservation rights available under the mortgage being
231foreclosed. If the first mortgagee fails to timely fulfill its
232obligations under this section, the association may undertake
233any reasonable action to otherwise preserve and maintain the
234unit in a safe condition. Costs incurred by the association in
235exercising this right shall be deemed an individual assessment
236against the unit for which the association may pursue a lien or
237foreclosure action.
238
239The limitations on first mortgagee liability provided in this
240subsection by this paragraph apply only if the first mortgagee
241filed suit against the parcel owner and initially joined the
242association as a defendant in the mortgagee foreclosure action.
243Joinder of the association is not required if, on the date the
244complaint is filed, the association was dissolved or did not
245maintain an office or agent for service of process at a location
246that was known to or reasonably discoverable by the mortgagee.
247     Section 5.  Section 720.314, Florida Statutes, is created
248to read:
249     720.314  Common area facilities; restriction of use.-
250     (1)  For purposes of this section, the term "common area
251facilities" includes, but is not limited to, any clubhouse,
252entertainment facility, exercise facility, swimming pool, tennis
253court, or other recreation area owned or maintained by a
254homeowners' or condominium association and provided for use by
255dues-paying members of such association.
256     (2)  A condominium association or homeowners' association
257may disallow the use of common area facilities by unit owners
258who are delinquent in the payment of association fees by more
259than 90 days.
260     Section 6.  Subsection (2) of section 553.509, Florida
261Statutes, is repealed.
262     Section 7.  This act shall take effect July 1, 2010.


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