CS/HB 1105

1
A bill to be entitled
2An act relating to community associations; amending s.
3718.1124, F.S., and creating ss. 719.1124 and 720.3053,
4F.S.; providing for notification of a unit owner's or
5member's intent to petition for the appointment of a
6receiver if an association's governing board fails to fill
7vacancies sufficient to constitute a quorum; providing for
8written notice to unit owners or members of any such
9appointment; requiring the salary of the receiver and
10certain costs and fees to be paid by the association;
11providing powers, duties, and term of service of the
12receiver; amending s. 718.117, F.S., and creating ss.
13718.127, 719.127, and 720.313, F.S.; specifying
14receivership notification requirements with respect to
15condominium associations, cooperative associations, and
16homeowners' associations; amending ss. 718.121 and
17719.108, F.S.; prohibiting a lien from being filed against
18a condominium unit or cooperative parcel until 30 days
19after service of a notice of intent to file the lien;
20amending s. 720.305, F.S.; deleting notification
21requirements for the appointment of a receiver under
22specified circumstances for matters relating to
23homeowners' associations; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 718.1124, Florida Statutes, is amended
28to read:
29     718.1124  Failure to fill vacancies on board of
30administration sufficient to constitute a quorum; appointment of
31receiver upon petition of unit owner.--
32     (1)  If an association fails to fill vacancies on the board
33of administration sufficient to constitute a quorum in
34accordance with the bylaws, any unit owner may give notice of
35his or her intent to apply to the circuit court within whose
36jurisdiction the condominium lies for the appointment of a
37receiver to manage the affairs of the association. The form of
38the notice shall be as follows:
39
40
NOTICE OF INTENT TO APPLY FOR RECEIVERSHIP
41
42YOU ARE HEREBY NOTIFIED that the undersigned owner of
43a condominium unit in  (name of condominium)  intends
44to file a petition in the circuit court for
45appointment of a receiver to manage the affairs of the
46association on the grounds that the association has
47failed to fill vacancies on the board of
48administration sufficient to constitute a quorum. This
49petition will not be filed if the vacancies are filled
50within 30 days after the date on which this notice was
51sent or posted, whichever is later. If a receiver is
52appointed, the receiver shall have all of the powers
53of the board and shall be entitled to receive a salary
54and reimbursement of all costs and attorney's fees
55payable from association funds.
56
57(name and address of petitioning unit owner)
58
59     (2)  The notice required by subsection (1) must be provided
60by At least 30 days prior to applying to the circuit court, the
61unit owner shall mail to the association by certified mail or
62personal delivery, must be posted and post in a conspicuous
63place on the condominium property, and must be provided to every
64unit owner of the association by certified mail or personal
65delivery. The a notice must be posted and mailed or delivered at
66least 30 days prior to the filing of a petition seeking
67receivership. Notice by mail to a unit owner shall be sent to
68the address used by the county property appraiser for notice to
69the unit owner describing the intended action, giving the
70association the opportunity to fill the vacancies.
71     (3)  If during such time the association fails to fill the
72vacancies within 30 days after the notice required by subsection
73(1) is posted and mailed or delivered, the unit owner may
74proceed with the petition.
75     (4)  If a receiver is appointed, all unit owners shall be
76given written notice of such appointment as provided in s.
77718.127.
78     (5)  The association shall be responsible for the salary of
79the receiver, court costs, and attorney's fees. The receiver
80shall have all powers and duties of a duly constituted board of
81administration and shall serve until the association fills
82vacancies on the board sufficient to constitute a quorum and the
83court relieves the receiver of the appointment.
84     Section 2.  Paragraph (a) of subsection (7) of section
85718.117, Florida Statutes, is amended to read:
86     718.117  Termination of condominium.--
87     (7)  NATURAL DISASTERS.--
88     (a)  If, after a natural disaster, the identity of the
89directors or their right to hold office is in doubt, if they are
90deceased or unable to act, if they fail or refuse to act, or if
91they cannot be located, any interested person may petition the
92circuit court to determine the identity of the directors or, if
93found to be in the best interests of the unit owners, to appoint
94a receiver to conclude the affairs of the association after a
95hearing following notice to such persons as the court directs.
96Lienholders shall be given notice of the petition and have the
97right to propose persons for the consideration by the court as
98receiver. If a receiver is appointed, the court shall direct the
99receiver to provide to all unit owners written notice of his or
100her appointment as receiver. Such notice shall be mailed or
101delivered within 10 days after the appointment. Notice by mail
102to a unit owner shall be sent to the address used by the county
103property appraiser for notice to the unit owner.
104     Section 3.  Subsection (4) is added to section 718.121,
105Florida Statutes, to read:
106     718.121  Liens.--
107     (4)  Except as otherwise provided in this chapter, no lien
108may be filed by the association against a condominium unit until
10930 days after the date on which a notice of intent to file a
110lien has been served on the owner of the condominium unit by
111certified mail or by personal service in the manner authorized
112by chapter 48 and the Florida Rules of Civil Procedure.
113     Section 4.  Section 718.127, Florida Statutes, is created
114to read:
115     718.127  Receivership notification.--Upon the appointment
116of a receiver by a court for any reason relating to a
117condominium association, the court shall direct the receiver to
118provide to all unit owners written notice of his or her
119appointment as receiver. Such notice shall be mailed or
120delivered within 10 days after the appointment. Notice by mail
121to a unit owner shall be sent to the address used by the county
122property appraiser for notice to the unit owner.
123     Section 5.  Subsection (4) of section 719.108, Florida
124Statutes, is amended to read:
125     719.108  Rents and assessments; liability; lien and
126priority; interest; collection; cooperative ownership.--
127     (4)  The association shall have a lien on each cooperative
128parcel for any unpaid rents and assessments, plus interest,
129against the unit owner of the cooperative parcel. If authorized
130by the cooperative documents, said lien shall also secure
131reasonable attorney's fees incurred by the association incident
132to the collection of the rents and assessments or enforcement of
133such lien. The lien is effective from and after the recording of
134a claim of lien in the public records in the county in which the
135cooperative parcel is located which states the description of
136the cooperative parcel, the name of the unit owner, the amount
137due, and the due dates. The lien shall expire if a claim of lien
138is not filed within 1 year after the date the assessment was
139due, and no such lien shall continue for a longer period than 1
140year after the claim of lien has been recorded unless, within
141that time, an action to enforce the lien is commenced in a court
142of competent jurisdiction. No lien may be filed by the
143association against a cooperative parcel until 30 days after the
144date on which a notice of intent to file a lien has been served
145on the unit owner of the cooperative parcel by certified mail or
146by personal service in the manner authorized by chapter 48 and
147the Florida Rules of Civil Procedure.
148     Section 6.  Section 719.1124, Florida Statutes, is created
149to read:
150     719.1124  Failure to fill vacancies on board of
151administration sufficient to constitute a quorum; appointment of
152receiver upon petition of unit owner.--
153     (1)  If an association fails to fill vacancies on the board
154of administration sufficient to constitute a quorum in
155accordance with the bylaws, any unit owner may give notice of
156his or her intent to apply to the circuit court within whose
157jurisdiction the cooperative lies for the appointment of a
158receiver to manage the affairs of the association. The form of
159the notice shall be as follows:
160
161
NOTICE OF INTENT TO APPLY FOR RECEIVERSHIP
162
163YOU ARE HEREBY NOTIFIED that the undersigned owner of
164a unit in  (name of cooperative)  intends to file a
165petition in the circuit court for appointment of a
166receiver to manage the affairs of the association on
167the grounds that the association has failed to fill
168vacancies on the board of administration sufficient to
169constitute a quorum. This petition will not be filed
170if the vacancies are filled within 30 days after the
171date on which this notice was sent or posted,
172whichever is later. If a receiver is appointed, the
173receiver shall have all of the powers of the board and
174shall be entitled to receive a salary and
175reimbursement of all costs and attorney's fees payable
176from association funds.
177
178(name and address of petitioning unit owner)
179
180     (2)  The notice required by subsection (1) must be provided
181by the unit owner to the association by certified mail or
182personal delivery, must be posted in a conspicuous place on the
183cooperative property, and must be provided to every unit owner
184of the association by certified mail or personal delivery. The
185notice must be posted and mailed or delivered at least 30 days
186prior to the filing of a petition seeking receivership. Notice
187by mail to a unit owner shall be sent to the address used by the
188county property appraiser for notice to the unit owner.
189     (3)  If the association fails to fill the vacancies within
19030 days after the notice required by subsection (1) is posted
191and mailed or delivered, the unit owner may proceed with the
192petition.
193     (4)  If a receiver is appointed, all unit owners shall be
194given written notice of such appointment as provided in s.
195719.127.
196     (5)  The association shall be responsible for the salary of
197the receiver, court costs, and attorney's fees. The receiver
198shall have all powers and duties of a duly constituted board of
199administration and shall serve until the association fills
200vacancies on the board sufficient to constitute a quorum and the
201court relieves the receiver of the appointment.
202     Section 7.  Section 719.127, Florida Statutes, is created
203to read:
204     719.127  Receivership notification.--Upon the appointment
205of a receiver by a court for any reason relating to a
206cooperative association, the court shall direct the receiver to
207provide to all unit owners written notice of his or her
208appointment as receiver. Such notice shall be mailed or
209delivered within 10 days after the appointment. Notice by mail
210to a unit owner shall be sent to the address used by the county
211property appraiser for notice to the unit owner.
212     Section 8.  Subsection (4) of section 720.305, Florida
213Statutes, is amended to read:
214     720.305  Obligations of members; remedies at law or in
215equity; levy of fines and suspension of use rights; failure to
216fill sufficient number of vacancies on board of directors to
217constitute a quorum; appointment of receiver upon petition of
218any member.--
219     (4)  If an association fails to fill vacancies on the board
220of directors sufficient to constitute a quorum in accordance
221with the bylaws, any member may apply to the circuit court that
222has jurisdiction over the community served by the association
223for the appointment of a receiver to manage the affairs of the
224association. At least 30 days before applying to the circuit
225court, the member shall mail to the association, by certified or
226registered mail, and post, in a conspicuous place on the
227property of the community served by the association, a notice
228describing the intended action, giving the association 30 days
229to fill the vacancies. If during such time the association fails
230to fill a sufficient number of vacancies so that a quorum can be
231assembled, the member may proceed with the petition. If a
232receiver is appointed, the homeowners' association shall be
233responsible for the salary of the receiver, court costs,
234attorney's fees, and all other expenses of the receivership. The
235receiver has all the powers and duties of a duly constituted
236board of directors and shall serve until the association fills a
237sufficient number of vacancies on the board so that a quorum can
238be assembled.
239     Section 9.  Section 720.3053, Florida Statutes, is created
240to read:
241     720.3053  Failure to fill vacancies on board of directors
242sufficient to constitute a quorum; appointment of receiver upon
243petition of member.--
244     (1)  If an association fails to fill vacancies on the board
245of directors sufficient to constitute a quorum in accordance
246with the bylaws, any member may give notice of the member's
247intent to apply to the circuit court within whose jurisdiction
248the association lies for the appointment of a receiver to manage
249the affairs of the association. The form of the notice shall be
250as follows:
251
252
NOTICE OF INTENT TO APPLY FOR RECEIVERSHIP
253
254YOU ARE HEREBY NOTIFIED that the undersigned member of  
255(name of homeowners' association)  intends to file a
256petition in the circuit court for appointment of a
257receiver to manage the affairs of the association on
258the grounds that the association has failed to fill
259vacancies on the board of directors sufficient to
260constitute a quorum. This petition will not be filed
261if the vacancies are filled within 30 days after the
262date on which this notice was sent or posted,
263whichever is later. If a receiver is appointed, the
264receiver shall have all of the powers of the board and
265shall be entitled to receive a salary and
266reimbursement of all costs and attorney's fees payable
267from association funds.
268
269(name and address of petitioning member)
270
271     (2)  The notice required by subsection (1) must be provided
272by the member to the association by certified mail or personal
273delivery, must be posted in a conspicuous place within the
274homeowners' association, and must be provided to every member of
275the association by certified mail or personal delivery. The  
276notice must be posted and mailed or delivered at least 30 days
277prior to the filing of a petition seeking receivership. Notice
278by mail to a member shall be sent to the address used by the
279county property appraiser for notice to the member.
280     (3)  If the association fails to fill the vacancies within
28130 days after the notice required by subsection (1) is posted
282and mailed or delivered, the member may proceed with the
283petition.
284     (4)  If a receiver is appointed, all members shall be given
285written notice of such appointment as provided in s. 720.313.
286     (5)  The association shall be responsible for the salary of
287the receiver, court costs, and attorney's fees. The receiver
288shall have all powers and duties of a duly constituted board of
289directors and shall serve until the association fills vacancies
290on the board sufficient to constitute a quorum and the court
291relieves the receiver of the appointment.
292     Section 10.  Section 720.313, Florida Statutes, is created
293to read:
294     720.313  Receivership notification.--Upon the appointment
295of a receiver by a court for any reason relating to a
296homeowners' association, the court shall direct the receiver to
297provide to all members written notice of his or her appointment
298as receiver. Such notice shall be mailed or delivered within 10
299days after the appointment. Notice by mail to a member shall be
300sent to the address used by the county property appraiser for
301notice to the owner of the property.
302     Section 11.  This act shall take effect July 1, 2008.


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