Florida Senate - 2017                                    SB 1520
       
       
        
       By Senator Latvala
       
       
       
       
       
       16-01125-17                                           20171520__
    1                        A bill to be entitled                      
    2         An act relating to condominium terminations; amending
    3         s. 718.117, F.S.; revising the default procedure for
    4         the optional termination of a condominium; requiring a
    5         plan of termination to be approved by at least 90
    6         percent of the total voting interests of the
    7         condominium; prohibiting a plan of termination from
    8         proceeding if 5 percent or more of the total voting
    9         interests reject the plan; revising the period during
   10         which a subsequent plan of termination is prohibited
   11         from being considered after a rejection; revising
   12         applicability; revising the requirement on who must be
   13         paid fair market value for his or her unit after
   14         rejecting a plan of termination; revising the written
   15         disclosures that are required to be provided before a
   16         plan of termination is presented; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (3) of section 718.117, Florida
   22  Statutes, is amended to read:
   23         718.117 Termination of condominium.—
   24         (3) OPTIONAL TERMINATION.—Except as provided in subsection
   25  (2) or unless the declaration provides for a lower percentage,
   26  the condominium form of ownership may be terminated for all or a
   27  portion of the condominium property pursuant to a plan of
   28  termination approved by at least 90 80 percent of the total
   29  voting interests of the condominium. If 5 10 percent or more of
   30  the total voting interests of the condominium have rejected the
   31  plan of termination by negative vote or by providing written
   32  objections, the plan of termination may not proceed.
   33         (a) The termination of the condominium form of ownership is
   34  subject to the following conditions:
   35         1. The total voting interests of the condominium must
   36  include all voting interests for the purpose of considering a
   37  plan of termination. A voting interest of the condominium may
   38  not be suspended for any reason when voting on termination
   39  pursuant to this subsection.
   40         2. If 5 10 percent or more of the total voting interests of
   41  the condominium reject a plan of termination, a subsequent plan
   42  of termination pursuant to this subsection may not be considered
   43  for 24 18 months after the date of the rejection.
   44         (b) This subsection does not apply to any condominium
   45  created pursuant to part VI of this chapter until 10 5 years
   46  after the recording of the declaration of condominium, unless
   47  there is no objection to the plan of termination.
   48         (c) For purposes of this subsection, the term “bulk owner”
   49  means the single holder of such voting interests or an owner
   50  together with a related entity or entities that would be
   51  considered an insider, as defined in s. 726.102, holding such
   52  voting interests. If the condominium association is a
   53  residential association proposed for termination pursuant to
   54  this section and, at the time of recording the plan of
   55  termination, at least 80 percent of the total voting interests
   56  are owned by a bulk owner, the plan of termination is subject to
   57  the following conditions and limitations:
   58         1. If the former condominium units are offered for lease to
   59  the public after the termination, each unit owner in occupancy
   60  immediately before the date of recording of the plan of
   61  termination may lease his or her former unit and remain in
   62  possession of the unit for 12 months after the effective date of
   63  the termination on the same terms as similar unit types within
   64  the property are being offered to the public. In order to obtain
   65  a lease and exercise the right to retain exclusive possession of
   66  the unit owner’s former unit, the unit owner must make a written
   67  request to the termination trustee to rent the former unit
   68  within 90 days after the date the plan of termination is
   69  recorded. Any unit owner who fails to timely make such written
   70  request and sign a lease within 15 days after being presented
   71  with a lease is deemed to have waived his or her right to retain
   72  possession of his or her former unit and shall be required to
   73  vacate the former unit upon the effective date of the
   74  termination, unless otherwise provided in the plan of
   75  termination.
   76         2. Any former unit owner whose unit was granted homestead
   77  exemption status by the applicable county property appraiser as
   78  of the date of the recording of the plan of termination shall be
   79  paid a relocation payment in an amount equal to 1 percent of the
   80  termination proceeds allocated to the owner’s former unit. Any
   81  relocation payment payable under this subparagraph shall be paid
   82  by the single entity or related entities owning at least 80
   83  percent of the total voting interests. Such relocation payment
   84  shall be in addition to the termination proceeds for such
   85  owner’s former unit and shall be paid no later than 10 days
   86  after the former unit owner vacates his or her former unit.
   87         3. For their respective units, all unit owners other than
   88  the bulk owner must be compensated at least 100 percent of the
   89  fair market value of their units. The fair market value shall be
   90  determined as of a date that is no earlier than 90 days before
   91  the date that the plan of termination is recorded and shall be
   92  determined by an independent appraiser selected by the
   93  termination trustee. For a person an original purchaser from the
   94  developer who rejects the plan of termination and whose unit was
   95  granted homestead exemption status by the applicable county
   96  property appraiser, or was an owner-occupied operating business,
   97  as of the date that the plan of termination is recorded and who
   98  is current in payment of both assessments and other monetary
   99  obligations to the association and any mortgage encumbering the
  100  unit as of the date the plan of termination is recorded, the
  101  fair market value for the unit owner rejecting the plan shall be
  102  at least the original purchase price paid for the unit. For
  103  purposes of this subparagraph, the term “fair market value”
  104  means the price of a unit that a seller is willing to accept and
  105  a buyer is willing to pay on the open market in an arms-length
  106  transaction based on similar units sold in other condominiums,
  107  including units sold in bulk purchases but excluding units sold
  108  at wholesale or distressed prices. The purchase price of units
  109  acquired in bulk following a bankruptcy or foreclosure shall not
  110  be considered for purposes of determining fair market value.
  111         4. The plan of termination must provide for payment of a
  112  first mortgage encumbering a unit to the extent necessary to
  113  satisfy the lien, but the payment may not exceed the unit’s
  114  share of the proceeds of termination under the plan. If the unit
  115  owner is current in payment of both assessments and other
  116  monetary obligations to the association and any mortgage
  117  encumbering the unit as of the date the plan of termination is
  118  recorded, the receipt by the holder of the unit’s share of the
  119  proceeds of termination under the plan or the outstanding
  120  balance of the mortgage, whichever is less, shall be deemed to
  121  have satisfied the first mortgage in full.
  122         5. Before a plan of termination is presented to the unit
  123  owners for consideration pursuant to this paragraph, the plan
  124  must include the following written disclosures in a sworn
  125  statement:
  126         a. The identity of any person or entity that owns or
  127  controls 25 50 percent or more of the units in the condominium
  128  and, if the units are owned by an artificial entity or entities,
  129  a disclosure of the natural person or persons who, directly or
  130  indirectly, manage or control the entity or entities and the
  131  natural person or persons who, directly or indirectly, own or
  132  control 10 20 percent or more of the artificial entity or
  133  entities that constitute the bulk owner.
  134         b. The units acquired by any bulk owner, the date each unit
  135  was acquired, and the total amount of compensation paid to each
  136  prior unit owner by the bulk owner, regardless of whether
  137  attributed to the purchase price of the unit.
  138         c. The relationship of any board member to the bulk owner
  139  or any person or entity affiliated with the bulk owner subject
  140  to disclosure pursuant to this subparagraph.
  141         (d) If the members of the board of administration are
  142  elected by the bulk owner, unit owners other than the bulk owner
  143  may elect at least one-third of the members of the board of
  144  administration before the approval of any plan of termination.
  145         Section 2. This act shall take effect July 1, 2017.