Senate Bill sb1634e1

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




    SB 1634                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the sale of real property;

  3         amending s. 689.26, F.S.; revising certain

  4         requirements for disclosures that must be

  5         provided to prospective purchasers; providing

  6         an effective date.

  7  

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

  9  

10         Section 1.  Section 689.26, Florida Statutes, is

11  amended to read:

12         689.26  Prospective purchasers; restrictive covenants;

13  homeowners' associations; assessments; subject to association

14  membership requirement; disclosure required.--

15         (1)  A prospective parcel owner in a community must be

16  presented a disclosure summary before executing the contract

17  for sale.  The disclosure summary must be in a form

18  substantially similar to the following form:

19  

20                        DISCLOSURE SUMMARY

21                                FOR

22                        (NAME OF COMMUNITY)

23  

24         1.  AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU

25  (WILL) (WILL NOT) WILL BE OBLIGATED TO BE A MEMBER OF A

26  HOMEOWNERS' ASSOCIATION.

27         2.  THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE

28  COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN

29  THIS COMMUNITY.

30         3.  YOU (WILL) (WILL NOT) WILL BE OBLIGATED TO PAY

31  ASSESSMENTS TO THE ASSOCIATION. YOU (WILL) (WILL NOT) BE


                                  1

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






    SB 1634                                  First Engrossed (ntc)



 1  OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE

 2  MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL, WHICH

 3  ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.

 4         4.  YOUR FAILURE TO PAY SPECIAL THESE ASSESSMENTS OR

 5  ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION

 6  COULD RESULT IN A LIEN ON YOUR PROPERTY.

 7         5.  THERE (IS) (IS NOT) AN OBLIGATION TO PAY RENT OR

 8  LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED

 9  FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS'

10  ASSOCIATION.  (If such obligation exists, then the amount of

11  the current obligation shall be set forth.)

12         6.  THE RESTRICTIVE COVENANTS (CAN) (CANNOT) BE AMENDED

13  WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR, IF NO

14  MANDATORY ASSOCIATION EXISTS, PARCEL OWNERS.

15         7.  THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM

16  ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER,

17  YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION

18  GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY.

19         8.  THESE DOCUMENTS ARE MATTERS OF PUBLIC RECORD AND

20  CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE

21  PROPERTY IS LOCATED.

22  DATE:                                               PURCHASER:

23                                                      PURCHASER:

24  

25  The disclosure must be supplied by the developer, or by the

26  parcel owner if the sale is by an owner that is not the

27  developer.  Any contract or agreement for sale shall refer to

28  and incorporate the disclosure summary and shall include, in

29  prominent language, a statement that the potential buyer

30  should not execute the contract or agreement until they have

31  


                                  2

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






    SB 1634                                  First Engrossed (ntc)



 1  received and read the disclosure summary required by this

 2  section.

 3         (2)  This section does not apply to any association

 4  regulated under chapter 718, chapter 719, chapter 721, or

 5  chapter 723 or to a subdivider registered under chapter 498;

 6  and also does not apply if disclosure regarding the

 7  association is otherwise made in connection with the

 8  requirements of chapter 718, chapter 719, chapter 721, or

 9  chapter 723.

10         Section 2.  This act shall take effect July 1, 2003.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  3

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