SB 56

Florida Statute Chapter 718

“CONDOMINIUMS”

F.S. Statute 718.116.(6)(b)/SB 56  -- “Official Records”

F.S. 718.116(6)(b)  SB56  as amended, increases notice requirements from 30 days to 45 days  before notice of intent to lien and notice of intent to foreclose.     This provision mirrors F.S. 720, in order to achieve uniformity in all types of community association

F.S.718.121(4) -- SB 56 will now require a “courtesy” “Notice “of Late Assessment “prior to the notice of intent to lien.   In addition, prior to any change of delivery instructions, an invoice for assessments or the statement of the account, the association must deliver a written notice of such change to each unit owner. This written notice requires at least 30 days before the association sends the invoice for assessments or the statement of the account by the new delivery method.  

Moreover, a unit owner must affirmatively acknowledge either electronically or in writing, their understanding of  the association revised delivery instructions .  

An association cannot require payment of attorney fees relating to any  past due assessment without first delivering a written notice of late assessment to the unit owner which specifies the amount owed to the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees.    

In addition, under F.S. 718.121(4)  the presumption is that an association mailed the notice in accordance with with F.S. 718.121(4) can be established by a licensed manager (LCAM), board member, officer, or agent of the association, providing  a sworn affidavit attesting to such mailing.

The form for the notice that must be used is contained in the statute.

F.S.719.108(3)(b)1. Courtesy Notice of Late Assessment

This provision mandates a “courtesy” “Notice “of Late Assessment “prior to the notice of intent to lien.   In addition, prior to any change of delivery instructions, an invoice for assessments or the statement of the account, the association must deliver a written notice of such change to each unit owner. This written notice requires at least 30 days before the association sends the invoice for assessments or the statement of the account by the new delivery method.  

Moreover, a unit owner must affirmatively acknowledge either electronically or in writing, their understanding of  the association revised delivery instructions .  

An association cannot require payment of attorney fees relating to any  past due assessment without first delivering a written notice of late assessment to the unit owner which specifies the amount owed to the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees.   

In addition,  the presumption is that an association mailed the notice in accordance with F.S. 719.108(3) (3)(b)1 and can be established by a licensed manager (LCAM), board member, officer, or agent of the association, providing  a sworn affidavit attesting to such mailing.

The form for the notice that must be used is contained in the statute.

Mediation.  If all the parties agree, the arbitration ruling is final and binding.  

F.S.720.3085(3)(c)1. / SB 56. Courtesy Notice of Late Assessment Required Before Notice of Intent to Lien
Similar to Chapters 718 and 719,  the method of delivery for an invoice for assessments or the statement of the account, the association must deliver a written notice of such change to each unit owner. The written notice must be delivered to the unit owner at least 30 days before the association sends the invoice for assessments or the statement of the account by the new delivery method.  A unit owner must affirmatively acknowledge his or her understanding that the association will change its method of delivery of the invoice for assessments or the unit’s statement of the account before the association may change the method of delivering an invoice for assessments or the statement of account. The unit owner may make the affirmative acknowledgment electronically or in writing.
 
An association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment to the unit owner which specifies the amount owed to the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees. A rebuttable presumption that an association mailed a notice in accordance with this subsection is established if a Board member, officer, or agent of the association, or a manager licensed under part VIII of chapter 468 provides a sworn affidavit attesting to such mailing. The Statute contains a form for the notice that must be used.

EFFECTIVE JULY 1, 2021

ENROLLED FILED VERSION OF SB 56