Florida Senate - 2014                                    SB 1462
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00983-14                                           20141462__
    1                        A bill to be entitled                      
    2         An act relating to residential properties; amending s.
    3         718.116, F.S.; defining the term “previous owner”;
    4         revising and providing liability of certain
    5         condominium owners acquiring title; amending s.
    6         720.3085, F.S.; revising and providing liability of
    7         certain homeowners’ association parcel owners
    8         acquiring title; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraphs (a), (b), and (c) of subsection (1)
   13  of section 718.116, Florida Statutes, are amended to read:
   14         718.116 Assessments; liability; lien and priority;
   15  interest; collection.—
   16         (1)(a) A unit owner, regardless of how his or her title has
   17  been acquired, including by purchase at a foreclosure sale or by
   18  deed in lieu of foreclosure, is liable for all assessments which
   19  come due while he or she is the unit owner. Additionally, a unit
   20  owner is jointly and severally liable with the previous owner
   21  for all unpaid assessments that came due up to the time of
   22  transfer of title. For purposes of this paragraph, the term
   23  “previous owner” does not include an association that acquires
   24  title to a delinquent property through foreclosure or by deed in
   25  lieu of foreclosure. The present unit owner’s liability for
   26  unpaid assessments is limited to any unpaid assessments that
   27  accrued before the association acquired title to the delinquent
   28  property through foreclosure or by deed in lieu of foreclosure.
   29  The present unit owner’s payments shall be applied consistent
   30  with subsection (3). This liability is without prejudice to any
   31  right the owner may have to recover from the previous owner the
   32  amounts paid by the owner.
   33         (b)1. The liability of a first mortgagee or its successor
   34  or assignees who acquire title to a unit by foreclosure or by
   35  deed in lieu of foreclosure for the unpaid assessments that
   36  became due before the mortgagee’s acquisition of title is
   37  limited to the lesser of:
   38         a. The unit’s unpaid common expenses and regular periodic
   39  assessments and other costs that which accrued or came due
   40  pursuant to the association’s governing documents during the 24
   41  12 months immediately preceding the acquisition of title by the
   42  first mortgageholder or the acquisition of title by the
   43  association, whichever occurs first, and for which payment in
   44  full has not been received by the association; or
   45         b. Two One percent of the original mortgage debt.
   46         2.The provisions of This subsection applies paragraph
   47  apply only if the first mortgagee initially joined the
   48  association as a defendant in the foreclosure action. Joinder of
   49  the association is not required if, on the date the complaint is
   50  filed, the association was dissolved or did not maintain an
   51  office or agent for service of process at a location which was
   52  known to or reasonably discoverable by the mortgagee.
   53         3.2. An association, or its successor or assignee, that
   54  acquires title to a unit through the foreclosure of its lien for
   55  assessments is not liable for any unpaid assessments, late fees,
   56  interest, or reasonable attorney attorney’s fees and costs that
   57  came due before the association’s acquisition of title in favor
   58  of any other association, as defined in s. 718.103(2) or s.
   59  720.301(9), which holds a superior lien interest on the unit.
   60  This subparagraph is intended to clarify existing law.
   61         4. The liability of a first mortgagee or his or her
   62  successor or assignee who acquires title to a unit by
   63  foreclosure or by deed in lieu of foreclosure for attorney fees
   64  under this subsection is limited to $4,000, unless a court of
   65  competent jurisdiction finds exceptional circumstances that
   66  justify a greater award.
   67         (c) The person acquiring title shall pay the amount owed to
   68  the association within 30 days after transfer of title. Failure
   69  to pay the full amount when due shall entitle the association to
   70  record a claim of lien against the parcel and proceed in the
   71  same manner as provided in this section for the collection of
   72  the amount owed, any unpaid assessments, and other charges
   73  authorized by subsection (3) coming due after the acquisition of
   74  title.
   75         Section 2. Paragraphs (a), (b), and (c) of subsection (2)
   76  of section 720.3085, Florida Statutes, are amended to read:
   77         720.3085 Payment for assessments; lien claims.—
   78         (2)(a) A parcel owner, regardless of how his or her title
   79  to property has been acquired, including by purchase at a
   80  foreclosure sale or by deed in lieu of foreclosure, is liable
   81  for all assessments that come due while he or she is the parcel
   82  owner. The parcel owner’s liability for assessments may not be
   83  avoided by waiver or suspension of the use or enjoyment of any
   84  common area or by abandonment of the parcel upon which the
   85  assessments are made. A parcel owner’s payments shall be applied
   86  pursuant to paragraph (3)(b).
   87         (b) A parcel owner is jointly and severally liable with the
   88  previous parcel owner for all unpaid assessments that came due
   89  up to the time of transfer of title. This liability is without
   90  prejudice to any right the present parcel owner may have to
   91  recover any amounts paid by the present owner from the previous
   92  owner. For the purposes of this paragraph, the term “previous
   93  owner” does shall not include an association that acquires title
   94  to a delinquent property through foreclosure or by deed in lieu
   95  of foreclosure. The present parcel owner’s liability for unpaid
   96  assessments is limited to any unpaid assessments that accrued
   97  before the association acquired title to the delinquent property
   98  through foreclosure or by deed in lieu of foreclosure. The
   99  present parcel owner’s payments shall be applied pursuant to
  100  paragraph (3)(b).
  101         (c)1. Notwithstanding anything to the contrary contained in
  102  this section, the liability of a first mortgagee, or his or her
  103  its successor or assignee as a subsequent holder of the first
  104  mortgage who acquires title to a parcel by foreclosure or by
  105  deed in lieu of foreclosure for the unpaid assessments that
  106  became due before the mortgagee’s acquisition of title, shall be
  107  the lesser of:
  108         a.1. The parcel’s unpaid common expenses and regular
  109  periodic or special assessments and other costs that accrued or
  110  came due pursuant to the association’s governing documents
  111  during the 24 12 months immediately preceding the acquisition of
  112  title by a purchaser at a mortgage foreclosure sale or the
  113  acquisition of title by the association, whichever occurs first,
  114  and for which payment in full has not been received by the
  115  association; or
  116         b.2.Two One percent of the original mortgage debt if the
  117  titleholder was the first mortgagee who acquired title by
  118  foreclosure.
  119         2. The liability of a first mortgagee or his or her
  120  successor or assignee who acquires title to a parcel by
  121  foreclosure or by deed in lieu of foreclosure for attorney fees
  122  under this subsection is limited to $4,000, unless a court of
  123  competent jurisdiction finds exceptional circumstances that
  124  justify a greater award.
  125  
  126  The limitations on first mortgagee liability provided by this
  127  paragraph apply only if the first mortgagee filed suit against
  128  the parcel owner and initially joined the association as a
  129  defendant in the mortgagee foreclosure action. Joinder of the
  130  association is not required if, on the date the complaint is
  131  filed, the association was dissolved or did not maintain an
  132  office or agent for service of process at a location that was
  133  known to or reasonably discoverable by the mortgagee.
  134         Section 3. This act shall take effect July 1, 2014.