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BILL: CS/CS/SB’s 2086 & 2498

Page 8

certificate,” must be provided within 15 days of receipt of a written request from a unit owner or unit mortgagee. The association or its agent may charge a reasonable fee for the preparation of the certificate.

Termination of Condominium Section 718.117, F.S., provides procedures for the termination of condominiums.

Section 718.117(17), provides for the distribution of proceeds from the sale of any condominium property or association property and any remaining condominium property or association property, common surplus, and other assets. It requires distribution in the following priority:

  • To pay the reasonable termination trustee’s fees and costs.

  • To lienholders of liens recorded prior to the recording of the declaration.

  • To purchase-money lienholders on units to the extent necessary to satisfy their liens.

  • To lienholders of liens of the association which have been consented to under

    • s.

      718.121(1), F.S.

  • To creditors of the association as their interests appear.

  • To unit owners, the proceeds of any sale of condominium property subject to satisfaction of liens on each unit in their order of priority, in shares specified in the plan of termination, unless objected to by a unit owner or a lienor.

  • To unit owners, the remaining condominium property, subject to satisfaction of liens on each unit in their order of priority, unless objected to by a unit owner or a lienor.

  • To unit owners, the proceeds of any sale of association property, the remaining association property, common surplus, and other association assets, subject to satisfaction of liens on each unit in their order of priority, unless objected to by a unit owner or lienor.

Assessments of Homeowners’ Associations A homeowners’ association is a “Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel.”8 Homeowners’ associations are regulated under ch. 720, F.S.

In order to fund the operations, amenities, and special needs of a homeowners’ association, each parcel owner is required to contribute a proportionate share of the costs and expenses.9 Each owner’s proportionate share of the annual budget and the general operations of the association are referred to as an assessment.10 Section 720.308, F.S., provides that the governing documents must describe the manner in which expenses are shared and specify the member’s proportional share thereof.

Department of Business and Professional Regulation The Department of Business and Professional Regulation (DBPR or department) was established in 1993 with the merger of the Department of Business Regulation and the Department of

8 9 10 Section 720.301(9), F.S. Peter M. Dunbar, Esq., The Condominium Concept s. 1.9, at 10, (2007). Id.

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