Bill Text: FL S0968 | 2010 | Regular Session | Comm Sub

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Bill Title: Condominiums/Notice of Delinquency [CPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S0968 Detail]

Download: Florida-2010-S0968-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 968 
 
By the Committee on Regulated Industries; and Senator Justice 
580-04800-10                                           2010968c1 
1                        A bill to be entitled 
2         An act relating to condominiums; amending s. 718.116, 
3         F.S.; providing requirements for the collection of 
4         unit owner debts; providing requirements for a notice 
5         of delinquency; prohibiting a condominium association 
6         from imposing certain penalties for delinquency during 
7         a notice period or while an objection made within such 
8         notice period is unresolved; providing an effective 
9         date. 
10 
11  Be It Enacted by the Legislature of the State of Florida: 
12 
13         Section 1. Subsection (11) is added to section 718.116, 
14  Florida Statutes, to read: 
15         718.116 Assessments; liability; lien and priority; 
16  interest; collection.— 
17         (11)(a) Prior to referring a collection matter to its 
18  attorney or other third-party debt collector, the association 
19  must first give written notice to the unit owner of its 
20  intention to do so. If this notice is not given at least 30 days 
21  before the matter is sent to the attorney for collection, the 
22  association shall not recover attorney’s fees or costs. The 
23  notice must be given by hand delivery of a copy of it to the 
24  unit owner or by certified or registered mail, return receipt 
25  requested, addressed to the unit owner at his or her last known 
26  address; and upon such mailing, the notice shall be deemed to 
27  have been given. The notice requirements of this subsection are 
28  also satisfied if the unit owner acknowledges in writing that he 
29  or she owes the debt to the association. The notice requirements 
30  of this subsection do not apply if the association has been in 
31  lien collection or foreclosure proceedings with the same unit 
32  owner within the preceding 12-month period. A notice of 
33  delinquency sent to a unit owner shall separately list each 
34  assessment or the charge that is delinquent. The notice shall 
35  state the date on which each assessment or other charge was 
36  made, the principal amount of each assessment or other charge, 
37  and list separately all collection fees and charges, including, 
38  but not limited to, interest and late fees. The notice shall 
39  also state the total amount due to the association. 
40         (b) As to any statute or any provision in the governing 
41  documents which creates a restriction or condition upon a unit 
42  owner related to delinquency in the payment of moneys owed to 
43  the association, no such restriction or condition shall be in 
44  effect until 20 days after receipt of the delinquency notice by 
45  the unit owner. If the unit owner objects to the amount claimed 
46  within the 20-day period, no restriction or condition shall be 
47  enforced until the objection is resolved. For purposes of this 
48  paragraph, a “restriction or condition” includes any restriction 
49  on running for office, holding office, serving on a committee, 
50  leasing the unit, or using common areas. 
51         Section 2. This act shall take effect July 1, 2010.