Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 680
       
       
       
       
       
       
                                Barcode 124990                          
       
                              LEGISLATIVE ACTION                        
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 585 - 628
    4  and insert:
    5         Section 5. Paragraphs (a), (b), and (c) of subsection (1)
    6  of section 718.116, Florida Statutes, are amended to read:
    7         718.116 Assessments; liability; lien and priority;
    8  interest; collection.—
    9         (1)(a) A unit owner, regardless of how the unit owner has
   10  acquired his or her title has been acquired, including, but not
   11  limited to, by purchase at a foreclosure sale or by deed in lieu
   12  of foreclosure, is liable for all assessments that which come
   13  due while he or she is the unit owner. Additionally, a unit
   14  owner is jointly and severally liable with the previous unit
   15  owner for all unpaid assessments, late fees, interest, costs,
   16  and reasonable attorney fees incurred by the association in an
   17  attempt to collect all such amounts is jointly and severally
   18  liable with the previous owner for all unpaid assessments that
   19  came due up to the time of transfer of title. This liability is
   20  without prejudice to any right the present unit owner may have
   21  to recover from the previous unit owner the amounts paid by the
   22  present unit owner.
   23         (b)1. The liability of a first mortgagee or its successors
   24  successor or assignees who acquire title to a unit by
   25  foreclosure or by deed in lieu of foreclosure for the unpaid
   26  assessments, interest, administrative late fees, reasonable
   27  costs and attorney fees, and any other fee, cost, or expense
   28  incurred in the collection process which that became due before
   29  the mortgagee’s acquisition of title is limited to the lesser
   30  of:
   31         a. Only the unit’s unpaid common expenses and regular
   32  periodic assessments that which accrued or came due during the
   33  12 months immediately preceding the acquisition of title and for
   34  which payment in full has not been received by the association;
   35  or
   36         b. One percent of the original mortgage debt.
   37         2. Subparagraph 1. applies The provisions of this paragraph
   38  apply only if the first mortgagee joined the association as a
   39  defendant in the foreclosure action. Joinder of the association
   40  is not required if, on the date the complaint is filed, the
   41  association was dissolved or did not maintain an office or agent
   42  for service of process at a location that which was known to or
   43  reasonably discoverable by the mortgagee.
   44         3. The first mortgagee or its successors or assignees who
   45  acquire title to a unit by foreclosure or by deed in lieu of
   46  foreclosure are not liable for any interest, administrative late
   47  fee, reasonable cost, attorney fee, or any other fee, cost, or
   48  expense that came due before its acquisition of title. This
   49  subparagraph is intended to clarify existing law.
   50         4.2. An association, or its successor or assignee, that
   51  acquires title to a unit through the foreclosure of its lien for
   52  assessments is not liable for any unpaid assessments, late fees,
   53  interest, or reasonable attorney attorney’s fees and costs that
   54  came due before the association’s acquisition of title in favor
   55  of any other association, as defined in s. 718.103(2) or s.
   56  720.301(9), which holds a superior lien interest on the unit.
   57  This subparagraph is intended to clarify existing law.
   58         (c) The person acquiring title shall pay the amount owed to
   59  the association within 30 days after transfer of title. Failure
   60  to pay the full amount when due entitles shall entitle the
   61  association to record a claim of lien against the parcel for the
   62  amounts specified in this subsection and proceed in the same
   63  manner as provided in this section for the collection of the
   64  amount owed and any unpaid assessments coming due after the
   65  acquisition of title and other charges authorized by subsection
   66  (3) on any unpaid assessments coming due after the acquisition
   67  of title.