Florida Senate - 2010                              CS for SB 968
       By the Committee on Regulated Industries; and Senator Justice
       580-04800-10                                           2010968c1
    1                        A bill to be entitled                      
    2         An act relating to condominiums; amending s. 718.116,
    3         F.S.; providing requirements for the collection of
    4         unit owner debts; providing requirements for a notice
    5         of delinquency; prohibiting a condominium association
    6         from imposing certain penalties for delinquency during
    7         a notice period or while an objection made within such
    8         notice period is unresolved; providing an effective
    9         date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (11) is added to section 718.116,
   14  Florida Statutes, to read:
   15         718.116 Assessments; liability; lien and priority;
   16  interest; collection.—
   17         (11)(a) Prior to referring a collection matter to its
   18  attorney or other third-party debt collector, the association
   19  must first give written notice to the unit owner of its
   20  intention to do so. If this notice is not given at least 30 days
   21  before the matter is sent to the attorney for collection, the
   22  association shall not recover attorney’s fees or costs. The
   23  notice must be given by hand delivery of a copy of it to the
   24  unit owner or by certified or registered mail, return receipt
   25  requested, addressed to the unit owner at his or her last known
   26  address; and upon such mailing, the notice shall be deemed to
   27  have been given. The notice requirements of this subsection are
   28  also satisfied if the unit owner acknowledges in writing that he
   29  or she owes the debt to the association. The notice requirements
   30  of this subsection do not apply if the association has been in
   31  lien collection or foreclosure proceedings with the same unit
   32  owner within the preceding 12-month period. A notice of
   33  delinquency sent to a unit owner shall separately list each
   34  assessment or the charge that is delinquent. The notice shall
   35  state the date on which each assessment or other charge was
   36  made, the principal amount of each assessment or other charge,
   37  and list separately all collection fees and charges, including,
   38  but not limited to, interest and late fees. The notice shall
   39  also state the total amount due to the association.
   40         (b) As to any statute or any provision in the governing
   41  documents which creates a restriction or condition upon a unit
   42  owner related to delinquency in the payment of moneys owed to
   43  the association, no such restriction or condition shall be in
   44  effect until 20 days after receipt of the delinquency notice by
   45  the unit owner. If the unit owner objects to the amount claimed
   46  within the 20-day period, no restriction or condition shall be
   47  enforced until the objection is resolved. For purposes of this
   48  paragraph, a “restriction or condition” includes any restriction
   49  on running for office, holding office, serving on a committee,
   50  leasing the unit, or using common areas.
   51         Section 2. This act shall take effect July 1, 2010.

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