Happy New Year! The regular session of the Florida Legislature begins on the first Tuesday after the first Monday in March and continues for 60 consecutive days. The 2013 Florida legislative session will officially begin on March 5, 2013 and looks to be a busy one! So far, House Bills 73 and 87, and Senate Bill 120, are already filed and winding their way through the legislative process.
House Bill 73 was filed on December 28, 2012 by Representative Moraitis and, if voted into law, its provisions become effective July 1, 2013. It is a fairly comprehensive Bill that:
- exempts certain elevators from specific code update requirements;
- revises provisions relating to terms of condominium board of administration members;
- revises condominium unit owner election & association meeting notice & record keeping requirements;
- provides requirements for condominiums relating to election challenges, recalls, & installation of impact glass or other code-compliant windows;
- provides requirements for condominiums created within condominium parcels;
- revises provisions relating to imposing remedies;
- revises liability of unit owners;
- provides liability limitations of certain first mortgagee or its successors or assignees;
- revises records not accessible to members or parcel owners;
- revises provisions relating to amendment of declarations;
- provides criteria for consent to amendments; and
- requires notice to mortgagees regarding proposed amendments.
On January 3, 2013, House Bill 87 was filed by its co-sponsors, Representatives Passidomo and Moraitis. This Bill only addresses the foreclosure process and would be effective upon becoming law. This Bill:
- revises the limitations period for commencing an action to enforce claim of deficiency judgment after foreclosure action;
- specifies required contents of complaint seeking to foreclose on certain types of residential properties;
- authorizes sanctions against plaintiffs who fail to comply with complaint requirements;
- requires the court to treat collateral attack on final judgment of foreclosure on mortgage as a claim for monetary damages;
- prohibits the court from granting certain relief affecting title to foreclosed property;
- limits the amount of a deficiency judgment;
- revises a class of persons authorized to move for expedited foreclosure;
- provides requirements & procedures with respect to order directed to defendants to show cause;
- provides that failures by a defendant to make filings or appearances may have legal consequences;
- requires the court to enter a final judgment of foreclosure & order foreclosure sale; and
- provides for liability of persons who wrongly claim to be holders of, or entitled to enforce, a lost, stolen, or destroyed note & cause mortgage secured thereby to be foreclosed.
On December 14, 2012, Senator Latvala filed Senate Bill 120 dealing with condominiums. This Bill, if passed into law, becomes effective upon becoming law and provides for:
- condominium units to come into existence regardless of requirements or restrictions in a declaration;
- extending the amount of time that a clerk may hold a sum of money before notifying the registered agent of an association that the sum is still available and the purpose for which it was deposited;
- changing the requirements relating to the circumstances under which a declaration of condominium or other documents are effective to create a condominium; and
- revising the conditions under which a developer may amend a declaration of condominium governing a phase condominium, and provides for an extension of the 7-year period for the completion of a phase, etc.
Free Seminars, Save the Dates
On February 27, the PM-EXPO will once again host a fabulous all day community association expo. In addition to the amazing exhibitor hall, numerous seminars of interest to managers and board members are presented. You will not want to miss the advanced manager and accountant panel, which I will be moderating, where your questions are fair game! Joining me on this bright and esteemed panel are Joe Gilbert, LCAM and owner of GRS Management; Nikki Monahan, LCAM and Vice President of The Continental Group; and association auditor Donna Seidenberg, CPA of the Fuoco Group. More information coming soon.
In addition, Kaye Bender Rembaum announces that it will be hosting free seminars providing insight into the developments in the law over the past year, and answers to questions submitted in advance.
- Wednesday, January 9, 9:30 a.m. at South County Civic Center in Delray Beach;
- Wednesday, January 23, 6:45 p.m.: McDonald Center, North Miami Beach;
- Wednesday, Feb. 6, 2013 6:30 p.m.: Bonaventure Town Center Club, Weston;
- Tuesday, Feb. 12, 2013, 6:45p.m.: ArtServe, Fort Lauderdale; and
- Tuesday March 5, 6:45 p.m.: Deerfield Beach Chamber of Commerce.
Interested attendees should specify which seminar location they want to attend, and send questions or topics for discussion, to KBRLegalSeminar@piersongrant.com or call 954-776-1999, ext. 230.