Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 1172 Ì287860:Î287860 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/26/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Latvala) recommended the following: 1 Senate Amendment to Amendment (363030) 2 3 Delete lines 33 - 130 4 and insert: 5 together with a related entity or entities that would be 6 considered insiders, as defined in s. 726.102, holding such 7 voting interests. If the condominium association is a 8 residential association proposed for termination pursuant to 9 this section and, at the time of recording the plan of 10 termination, at least 80 percent of the total voting interests 11 are owned by a bulk owner, the plan of termination is subject to 12 the following conditions and limitations: 13 1. If the former condominium units are offered for lease to 14 the public after the termination, each unit owner in occupancy 15 immediately before the date of recording of the plan of 16 termination may lease his or her former unit and remain in 17 possession of the unit for 12 months after the effective date of 18 the termination on the same terms as similar unit types within 19 the property are being offered to the public. In order to obtain 20 a lease and exercise the right to retain exclusive possession of 21 the unit owner’s former unit, the unit owner must make a written 22 request to the termination trustee to rent the former unit 23 within 90 days after the date the plan of termination is 24 recorded. Any unit owner who fails to timely make such written 25 request and sign a lease within 15 days after being presented 26 with a lease is deemed to have waived his or her right to retain 27 possession of his or her former unit and is required to vacate 28 the former unit upon the effective date of the termination, 29 unless otherwise provided in the plan of termination. 30 2. Any former unit owner whose unit was granted homestead 31 exemption status by the applicable county property appraiser as 32 of the date of the recording of the plan of termination shall be 33 paid a relocation payment in an amount equal to 1 percent of the 34 termination proceeds allocated to the owner’s former unit. Any 35 relocation payment payable under this subparagraph shall be paid 36 by the single entity or related entities owning at least 80 37 percent of the total voting interests. Such relocation payment 38 is in addition to the termination proceeds for such owner’s 39 former unit and shall be paid no later than 10 days after the 40 former unit owner vacates his or her former unit. 41 3. All unit owners other than the bulk owner shall be 42 compensated at least 100 percent of the fair market value of 43 their respective units. The fair market value shall be 44 determined by an independent appraiser, selected by the 45 termination trustee, as of a date that is no earlier than 90 46 days before the date that the plan of termination is recorded. 47 Notwithstanding subsection (12), the allocation of the proceeds 48 of the sale of condominium property to owners of units 49 dissenting or objecting to the plan of termination must be 110 50 percent of the original purchase price, or 110 percent of fair 51 market value, whichever is greater. For purposes of this 52 subparagraph, the term “fair market value” means the price of a 53 unit that a seller is willing to accept and a buyer is willing 54 to pay on the open market in an arms-length transaction based on 55 similar units sold in other condominiums, including units sold 56 in bulk purchases but excluding units sold at wholesale or 57 distressed prices. The purchase price of units acquired in bulk 58 following a bankruptcy or foreclosure may not be considered for 59 purposes of determining fair market value. 60 4. A plan of termination is not effective unless the plan 61 provides that outstanding first mortgages of all unit owners 62 other than the bulk owner are satisfied in full before, or 63 simultaneously with, the termination. 64 5. Before presenting a plan of termination to the unit 65 owners for consideration pursuant to this paragraph, the plan 66 must include the following written disclosures in a sworn 67 statement: 68 a. The identity of any person or entity that owns or 69 controls 50 percent or more of the units in the condominium and, 70 if the units are owned by an artificial entity or entities, a 71 disclosure of the natural person or persons who, directly or 72 indirectly, manage or control the entity or entities and the 73 natural person or persons who, directly or indirectly, own or 74 control 20 percent or more of the artificial entity or entities 75 that constitute the bulk owner. 76 b. The units acquired by any bulk owner, the date each unit 77 was acquired, and the total amount of compensation paid to each 78 prior unit owner by the bulk owner, regardless of whether 79 attributed to the purchase price of the unit. 80 c. The relationship of any board member to the bulk owner 81 or any person or entity affiliated with the bulk owner subject 82 to disclosure pursuant to this subparagraph. 83 (e) If the members of the board of administration are 84 elected by the bulk owner, unit owners other than the bulk owner 85 may elect at least one-third of the members of the board of 86 administration before the approval of any plan of termination by 87 the board.