Senate Bill sb2032

    Florida Senate - 2001                                  SB 2032

    By Senator Clary





    7-1296-01

  1                      A bill to be entitled

  2         An act relating to recreational facilities;

  3         providing conditions for the sale of

  4         recreational facilities within a residential

  5         subdivision governed by a homeowners'

  6         association; providing exceptions; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Sale of recreational facilities located

12  within a residential subdivision.--The owner of recreational

13  facilities located within a residential subdivision governed

14  by a homeowners' association may not sell or destroy the

15  recreational facilities or other property unless the right to

16  purchase the recreational facilities or other property is

17  first given to the homeowners' association and then to the

18  owners of lots within the subdivision in the manner provided

19  in this section.

20         (1)(a)  If the owner offers the recreational facilities

21  within a residential subdivision for sale or wishes to destroy

22  the facilities, she or he must notify the officers of the duly

23  created homeowners' association by certified mail, stating the

24  price, terms, and conditions of the sale, and she or he must

25  notify the owners individually by a notice prominently

26  displayed at the entrance to the property.

27         (b)  The owners, by and through the association or

28  individually if the association declines to act, have the

29  right to purchase the recreational facilities if the

30  homeowners meet the price, terms, and conditions of the owner

31  by executing a contract with the owner within 45 days, unless

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2032
    7-1296-01




  1  otherwise agreed to, after the date of receipt of the notice.

  2  If a contract between the owner and the association is not

  3  executed within the 45-day period, the owners individually may

  4  sign a contract within 10 days. Unless the owner thereafter

  5  elects to offers the recreational facilities at a price lower

  6  than the price specified in her or his notice to the officers

  7  of the homeowners' association and in the posted notice, the

  8  owner has no further obligations under this subsection, and

  9  her or his only obligation is set forth in subsection (2).

10         (c)  If the owner thereafter elects to offer the

11  recreational facilities at a price lower than the price

12  specified in her or his notice to the homeowners, the

13  homeowners, by and through the association, will have an

14  additional 10 days within which to meet the price, terms, and

15  conditions of the owner by executing a contract. The

16  individual owners have 10 days within which to accept if the

17  association declines to act.

18         (2)  This section does not apply to any of the

19  following circumstances if there is no destruction of the

20  recreational facilities involved:

21         (a)  Any sale or transfer to a person who would be

22  included within the table of descent and distribution if the

23  owner were to die intestate.

24         (b)  Any transfer by gift, devise, or operation of law.

25         (c)  Any transfer by a corporation to an affiliate. As

26  used in this paragraph, the term "affiliate" means any

27  shareholder of the transferring corporation; any corporation

28  or entity owned or controlled, directly or indirectly, by the

29  transferring corporation; or any other corporation or entity

30  owned or controlled, directly or indirectly, by any

31  shareholder of the transferring corporation.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2032
    7-1296-01




  1         (d)  Any transfer by a partnership to any of its

  2  partners.

  3         (e)  Any conveyance of interest incidental to

  4  financing.

  5         (f)  Any conveyance resulting from the foreclosure of a

  6  mortgage, deed of trust, or other instrument encumbering the

  7  facilities or any deed given in lieu of the foreclosure.

  8         (g)  Any sale or transfer between or among joint

  9  tenants or tenants in common.

10         (h)  The acquisition of a mobile home park by a

11  governmental entity under its powers of eminent domain.

12         Section 2.  This act shall take effect upon becoming a

13  law.

14

15            *****************************************

16                          SENATE SUMMARY

17    Provides conditions for and notice of the sale of
      recreational facilities within a residential subdivision
18    governed by a homeowners' association.

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.