Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 798
       
       
       
       
       
       
                                Ì374712ÊÎ374712                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2014           .                                
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    1         Senate Amendment to Amendment (715464) (with title
    2  amendment)
    3  
    4         Between lines 579 and 580
    5  insert:
    6         Section 10. Paragraph (a) of subsection (1) of section
    7  718.116, Florida Statutes, is amended to read:
    8         718.116 Assessments; liability; lien and priority;
    9  interest; collection.—
   10         (1)(a) A unit owner, regardless of how his or her title has
   11  been acquired, including by purchase at a foreclosure sale or by
   12  deed in lieu of foreclosure, is liable for all assessments which
   13  come due while he or she is the unit owner. Additionally, a unit
   14  owner is jointly and severally liable with the previous owner
   15  for all unpaid assessments that came due up to the time of
   16  transfer of title, as well as interest, late charges, and
   17  reasonable costs and attorney fees incurred by the association
   18  incident to the collection process, except that in the case of a
   19  foreclosure sale, the interest, late charges, and reasonable
   20  attorney fees and costs may not exceed 10 percent of the winning
   21  bid amount. This liability is without prejudice to any right the
   22  owner may have to recover from the previous owner the amounts
   23  paid by the owner. For the purposes of this paragraph, the term
   24  “previous owner” does not include an association that acquires
   25  title to a delinquent property through foreclosure or by deed in
   26  lieu of foreclosure. The present unit owner’s liability for
   27  unpaid assessments, interest, late charges, and reasonable costs
   28  and attorney fees incurred by the association incident to the
   29  collection process is limited to those amounts that accrued
   30  before the association acquired title to the delinquent property
   31  through foreclosure or by deed in lieu of foreclosure. This
   32  paragraph does not affect the liability of a first mortgagee or
   33  its successor or assignees as provided in paragraph (b).
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete line 1224
   38  and insert:
   39         the board from voting via e-mail; amending s. 718.116,
   40         F.S.; providing that a unit owner is jointly and
   41         severally liable with the previous owner for certain
   42         costs; providing an exception; defining the term
   43         “previous owner”; limiting costs and fees incurred by
   44         the association incident to the collection process to
   45         those incurred before the association acquired title;
   46         repealing s.