Bill Amendment: FL S0798 | 2014 | Regular Session

Florida Senate Bill 798 (Prior Session Legislation)

NOTE: For additional amemendments please see the Bill Drafting List

Bill Title: Residential Properties

Status: 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 807 (Ch. 2014-133) [S0798 Detail]

Download: Florida-2014-S0798-Senate_Floor_Amendment_104322.html

       Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 798
       
       
       
       
       
       
                                Ì104322kÎ104322                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/28/2014 06:13 PM       .                                
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       Senator Ring moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 331 - 373
    4  and insert:
    5         (a) The association has the irrevocable right of access to
    6  each unit during reasonable hours, when necessary for the
    7  maintenance, repair, or replacement of any common elements or of
    8  any portion of a unit to be maintained by the association
    9  pursuant to the declaration or as necessary to prevent damage to
   10  the common elements or to a unit or units.
   11         (b)1. In addition to the association’s right of access in
   12  paragraph (a) and regardless of whether authority is provided in
   13  the declaration or other recorded condominium documents, an
   14  association, at the sole discretion of the board, may enter an
   15  abandoned unit to inspect the unit and adjoining common
   16  elements; make repairs to the unit or to the common elements
   17  serving the unit, as needed; repair the unit if mold or
   18  deterioration is present; turn on the utilities for the unit; or
   19  otherwise maintain, preserve, or protect the unit and adjoining
   20  common elements. For purposes of this paragraph, a unit is
   21  presumed to be abandoned if:
   22         a. The unit is the subject of a foreclosure action and no
   23  tenant appears to have resided in the unit for at least 4
   24  continuous weeks without prior written notice to the
   25  association; or
   26         b. No tenant appears to have resided in the unit for 2
   27  consecutive months without prior written notice to the
   28  association, and the association is unable to contact the owner
   29  or determine the whereabouts of the owner after reasonable
   30  inquiry.
   31         2. Except in the case of an emergency, an association may
   32  not enter an abandoned unit until 2 days after notice of the
   33  association’s intent to enter the unit has been mailed or hand
   34  delivered to the owner at the address of the owner as reflected
   35  in the records of the association. The notice may be given by
   36  electronic transmission to unit owners who previously consented
   37  to receive notice by electronic transmission.
   38         3. Any expense incurred by an association pursuant to this
   39  paragraph is chargeable to the unit owner and enforceable as an
   40  assessment pursuant to s. 718.116, and the association may use
   41  its lien authority provided by s. 718.116 to enforce collection
   42  of the expense.
   43         4. The association may petition a court of competent
   44  jurisdiction to appoint a receiver to lease out an abandoned
   45  unit for the benefit of the association to offset against the
   46  rental income the association’s costs and expenses of
   47  maintaining, preserving, and protecting the unit and the
   48  adjoining common elements, including the costs of the
   49  receivership and all unpaid assessments, interest,
   50  administrative late fees, costs, and reasonable attorney fees.