New Laws
As there is no real relief in sight for the housing disaster, community associations are being financially stretched to a crisis point. Associations need relief now and the Florida Legislature could help if they enacted laws that are consumer/association friendly. Right now it seems as if special interests are served rather than our population, most of whom live in a community association. The following are some ideas that need to be discussed in Tallahassee now!
We need legislation that requires banks to foreclose within 6 months and if they can’t do that, then they need to immediately pay for the past due assessments and start getting billed like a real owner.
We need more foreclosure judges to handle foreclosures in our counties. Depending on the amount of foreclosures in a county, there should be a certain amount of judges assigned in order to reduce the backlog immediately.
We need to quickly make laws for Florida which will allow associations to collect past due amounts, and if need be, foreclose as cheaply and as fast as possible. The idea of Blanket Receiverships to collect in bulk should be made law now.
We need the legislature to make laws that will legally allow associations the right to rent units that are delinquent after 4 months.
Associations should have a law that allows them to have the rents assigned to them when an investor is delinquent. Right now this has to be in the documents and acknowledged by all parties to the lease.
There are administrative provisions and laws that require retrofitting of fire systems and elevators in certain buildings, of a certain height and age. Though this is extremely important, most associations cannot afford this expense. These laws need to be suspended, or an “opt out” position can be granted without liability or the time for compliance lengthened. We need relief at this time, as we cannot afford these retrofitting laws.
We are now required to have audits and reviews depending on revenues and complied within a certain period of time (depending on the law, annually or within 3 years). Suspend this provision across the board, unless the unit owners vote to have an audit or review. It is usually an unnecessary expense.
We need the legislature to develop and enact laws that allow associations to get out of unfair Bulk Rate Cable Contracts. We need laws that require cable companies to be able to shut off cable to delinquent units and not charge the association for this. Why should associations (unit owners who pay their assessments) have to pay the cable company when they are not receiving the income?
We also could use help in getting out of Recreation Leases, 10-year elevator contracts, 10-year washing machine contracts, unfair service contracts, and other unreasonable leases and contracts.
Our community associations need help now. These are some ideas and I am sure that you have some others. We would like to hear about them. Please discuss these ideas with your particular state representative and don’t take “no” for an answer! After all, they work for us and not the special interest groups.
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