(LATE FILED)Amendment
Bill No. 1465
Amendment No. 623075
CHAMBER ACTION
Senate House
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1Representative Sands offered the following:
2
3     Substitute Amendment for Amendment (768683) (with title
4amendment)
5Remove lines 5-119 and insert:
6     Section 1.  Section 720.3085, Florida Statutes, is created
7to read:
8     720.3085  Payment for assessments; lien claims.--
9     (1)  A parcel owner, regardless of how his or her title to
10property has been acquired, including by purchase at a
11foreclosure sale or by deed in lieu of foreclosure, is liable
12for all assessments that come due while he or she is the parcel
13owner. The parcel owner's liability for assessments may not be
14avoided by waiver or suspension of the use or enjoyment of any
15common area or by abandonment of the parcel upon which the
16assessments are made.
17     (2)  A parcel owner is jointly and severally liable with
18the previous parcel owner for all unpaid assessments that came
19due up to the time of transfer of title. This liability is
20without prejudice to any right the present parcel owner may have
21to recover any amounts paid by the present owner from the
22previous owner.
23     (3)  Assessments and installments on assessments that are
24not paid when due bear interest from the due date until paid at
25the rate provided in the declaration of covenants or the bylaws
26of the association, which rate may not exceed the rate allowed
27by law. If no rate is provided in the declaration or bylaws,
28interest accrues at the rate of 18 percent per year.
29     (a)  If the declaration or bylaws so provide, the
30association may also charge an administrative late fee in an
31amount not to exceed the greater of $25 or 5 percent of the
32amount of each installment that is paid past the due date.
33     (b)  Any payment received by an association and accepted
34shall be applied first to any interest accrued, then to any
35administrative late fee, then to any costs and reasonable
36attorney's fees incurred in collection, and then to the
37delinquent assessment. This paragraph applies notwithstanding
38any restrictive endorsement, designation, or instruction placed
39on or accompanying a payment. A late fee is not subject to the
40provisions of chapter 687 and is not a fine.
41     (4)  A homeowners' association may not file a claim of lien
42against a parcel for unpaid assessments unless a written notice
43or demand for past due assessments as well as any other amounts
44owed to the association pursuant to its governing documents has
45been made by the association. The written notice or demand must:
46     (a)  Provide the owner with 45 days to make payment for all
47amounts due, including, but not limited to, any attorney's fees
48and actual costs associated with the preparation and delivery of
49the written demand.
50     (b)  Be sent by registered or certified mail, return
51receipt requested, and by first-class United States Mail to the
52parcel owner at his or her last address as reflected in the
53records of the association, if the address is within the United
54States, and to the parcel owner subject to the demand at the
55address of the parcel if the owner's address as reflected in the
56records of the association is not the parcel address. If the
57address reflected in the records is outside the United States,
58then sending the notice to that address and to the parcel
59address by first-class United States mail is sufficient.
60     (5)  The association may bring an action in its name to
61foreclose a lien for unpaid assessments secured by a lien in the
62same manner that a mortgage of real property is foreclosed and
63may also bring an action to recover a money judgment for the
64unpaid assessments without waiving any claim of lien. Such
65action may not be brought until 45 days after the parcel owner
66has been provided notice of the association's intent to
67foreclose and collect the unpaid amount.
68     (a)  The association may recover any reasonable attorney's
69fees incurred in a lien foreclosure action or in an action to
70recover a money judgment for the unpaid assessments.
71     (b)  The association may purchase the parcel at the
72foreclosure sale and hold, lease, mortgage, or convey the
73parcel.
74     (6)  If after service of a summons on a complaint to
75foreclose a lien the parcel is not the subject of a mortgage
76foreclosure or a notice of tax certificate sale, or the parcel
77owner is not a debtor in bankruptcy proceedings, the parcel
78owner may serve and file with the court a qualifying offer at
79any time before the entry of a foreclosure judgment. For
80purposes of this subsection, the term "qualifying offer" means a
81written offer to pay all amounts secured by the lien of the
82association plus interest accruing during the pendency of the
83offer at the rate of interest provided in this section. The
84parcel owner may make only one qualifying offer during the
85pendency of a foreclosure action.
86     (a)  The parcel owner shall deliver a copy of the filed
87qualifying offer to the association's attorney by hand delivery
88or by certified mail, return receipt requested.
89     (b)  The parcel owner's filing of the qualifying offer with
90the court stays the foreclosure action for the period stated in
91the qualifying offer, which may not exceed 60 days, to permit
92the parcel owner to pay the qualifying offer to the association
93plus any interest accruing during the pendency of the offer.
94     (c)  The qualifying offer of the parcel owner must be in
95writing, be signed by the owner of the parcel and the spouse of
96the owner if the spouse holds a homestead interest in the
97parcel, be acknowledged by a notary public, state the total
98amount due the association, state that the total amount due the
99association is secured by the lien of the association, state
100that the association is entitled to foreclose the lien and
101obtain a foreclosure judgment for the total amount due if the
102parcel owner breaches the qualifying offer, state that the
103parcel owner will not endanger the priority of the lien of the
104association or the amounts secured by the lien, and state the
105actual date or dates the association will receive the total
106amount due from the parcel owner. If the parcel owner makes a
107qualifying offer under this subsection, the association may not
108add the cost of any legal fees incurred by the association
109within the period of the stay other than costs acquired in
110defense of a mortgage foreclosure action concerning the parcel,
111a bankruptcy proceeding in which the parcel owner is a debtor,
112or in response to filings by a party other than the association
113in the lien foreclosure action of the association.
114     (d)  If the parcel owner breaches the qualifying offer, the
115stay shall be vacated and the association may proceed in its
116action to obtain a foreclosure judgment against the parcel and
117the parcel owners for the amount in the qualifying offer and any
118amounts accruing after the date of the qualifying offer.
119     Section 2.  This act shall take effect July 1, 2007.
120
121=========== T I T L E  A M E N D M E N T ========
122     Remove lines 123-133 and insert:
123
A bill to be entitled
124An act relating to homeowners' associations; creating s.
125720.3085, F.S.; providing that a parcel owner is liable for all
126assessments on a parcel; providing for the payment of interest
127and late fees on unpaid assessments; prioritizing the
128application of any payment received; prohibiting the placement
129of a restriction statement on the payment; providing for the
130filing of a claim of lien for unpaid assessments; providing for
131the foreclosure of the lien; providing for notice to the owner;
132providing for a qualifying offer from the owner; providing an
133effective date.


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