Take a good look below, ladies and gentlemen, at what Florida “slawmakers,” at the behest of their condo lobbyist buddies, are planning when the next legislative session begins TUESDAY, MARCH 2, 2010.

These Bills are specifically designed to persecute the millions of tenants (particularly disabled tenants such as myself), who currently reside in condos/homes that are in the foreclosure process. What they want to do is circumvent the foreclosure legal process and force tenants out of their homes, even if they’re disabled and in poor health such as myself, which will create MORE HOMELESSNESS and possibly “tent cities” such as happened in California when such unjust laws were passed.

THESE BILLS WILL NOT ADDRESS THE PROBLEM; THEY WILL ONLY MAKE IT WORSE.

These Bills are the “brain child” of greedy, abusive condo associations, who want FL legislators to make it legal for condo/homeowner associations to evict tenants whose owners are unable to pay the association fees. As many of you may know, condo/homeowner associations are often run by “little Caesars,” power-hungry trolls who get off on “lording it over” others, abusing their power, and basically making life as miserable as possible for other residents.

These Bills are an accident waiting to happen. They are recipes for lawsuits which will create more legal problems and civil rights abuses than they would even begin to solve.

For example, in the particular condo where I reside, some of the “local yokels” in the Association, complicit with the management company, horny to take their frustrations out on somebody—anybody—decided I would be their “witch hunt” project, and though they know I am disabled, in poor health, am a quiet, model tenant, keep to myself, and mind my own business (unlike some others who reside here), they decided to take their frustrations out on me—a disabled tenant—and began by posting a spreadsheet last August on the wall of the elevator disclosing to anyone who happened to enter the elevator (guests, delivery drivers, anyone looking to buy a condo, which would’ve scared them off immediately, as who’d want to buy a condo with idiots like that running the Association) the unit numbers of units in arrears and the amount each of those units is in arrears (and mine is one of the lowest, as it’s a smaller unit). As if that alone isn’t bad enough, the ill-conceived Notice also contained a nasty statement that those of us living in units in arrears in HOA fees are not welcome here, and that every time we use the elevator, pool, etc., we are “stealing” from them. I took the Notice down and immediately informed the attorney representing the Association in the pending foreclosure proceeding (which I am contesting, as it’s one of those illegal Countrywide/Deutsch Bank mortgages who can’t come up with any of the documents, and which judges all over the country are throwing out.

My point is, that while I understand the dilemma of condo/homeowner associations, the solution to ANY problem is NEVER accomplished by trampling upon the civil and Constitutional rights of others, especially the disabled, which will most assuredly create further legal liabilities by giving “local yokel” yahoos the go-ahead to harass tenants who are hurting financially as much as the associations and owners are. (And ironically enough, the very same “factions” promoting these Bills are the very same “factions” who oppose “Big Government,” except of course, when it clearly serves their own selfish purposes.

A better solution to these dilemmas is, first of all, to NOT interfere with foreclosure processes already in progress. Tenants and owners already contesting foreclosures should NOT have this process interfered with or circumvented by allowing associations to force tenants into homelessness. CONDO/HOMEOWNER ASSOCIATIONS ALREADY HAVE AN INTEREST IN FORECLOSURE PROCEEDINGS. WE DO NOT NEED ADDITIONAL LAWS GIVING “TEETH” TO ASSOCIATION CONTROL FREAKS WHO WANT TO TAKE OUT THEIR FRUSTRATIONS BY KICKING PEOPLE OUT OF THEIR HOMES. Also, disabled tenants should ALWAYS be protected from eviction. In fact, Florida should pass legislation that protects disabled tenants from eviction (required to have a certain number as “set-asides”) and that makes harassment of tenants “hate crimes.”

In addition, the FEDERAL GOVERNMENT should take immediate action to stop/challenge states from passing what is clearly unConstitutional legislation designed to abuse the housing rights of the poor and disabled.

http://www.floridacondohoalawblog.com/2010/02/articles/legislative-update-community-association-bills-already-filed/#more​

House Bill 115: This proposal states that during the pendency of a foreclosure action, if the unit is occupied by a tenant, the association may demand that the tenants pay rent directly to the association, with a right of eviction for non-compliance. This Bill would also permit the condominium association to suspend certain common element use rights for nonpayment, although utility services could not be suspended. Voting rights could also be suspended for delinquencies. Similar amendments are proposed in this Bill for Chapter 720, the Florida Homeowners Association Act.

Senate Bill 164: This proposal requires any mortgagee which has not completed its foreclosure within six months from filing its foreclosure lawsuit to pay the “statutory cap” (six months of past due assessments or one percent of the original mortgage debt, whichever is less) during the pendency of the lawsuit. This proposal would apply to condominiums only.

House Bill 329: This proposal would also allow the collection of rents directly from tenants, and permit suspension of certain common element use rights and voting rights. Significantly, this Bill also deletes the statutory cap and would require a foreclosing lender to pay all unpaid assessments if the foreclosure action is not completed within a year.

House Bill 337/Senate Bill 968: This Bill states that if an owner is delinquent in the payment of assessments, they can be restricted from running for office, holding office, serving on committees, leasing units, or using the common areas.

House Bill 419/Senate Bill 864: This Bill is similar to a couple of others already discussed regarding the right to demand payment of rents directly from tenants. This proposal also states that an association’s claim of lien can include the cost of collection efforts by management companies or licensed managers.

Senate Bill 780: This Bill would require a financial institution that institutes a foreclosure proceeding to timely pay all fees associated with or owed by that property, including but not limited to homeowner’s association fees, maintenance fees, and property taxes.

Senate Bill 1196: This proposal, similar to several of the others mentioned above, includes the right to collect management company charges as part of the association’s lien, permit interception of rents, and permit suspension of common element use rights and voting rights. This proposal is applicable to both condominiums and homeowners’ associations.

Senate Bill 1270: This Bill would permit a condominium association to disallow use of common area facilities by unit owners who are delinquent in the payment of assessments by more than ninety days.

Senate Bill 1272: This proposal would change the condominium “statutory cap” from six months of past due assessments/one percent of original mortgage debt (whichever is less) to twelve months past due assessments/one percent of original mortgage debt (whichever is less). This Bill further provides that in addition to the “statutory cap”, if a first mortgagee institutes a foreclosure action, the mortgagee is liable for any special assessments levied against a unit during the pendency of such action for damage to the condominium property.

PLEASE SIGN THIS PETITION AND CALL THE WHITE HOUSE AND FL LEGISLATORS EVERY DAY UNTIL THIS LEGISLATION IS DROPPED.

http://www.whitehouse.gov/contact​

http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx​

http://www.flsenate.gov/legislators/

PLEASE CALL, FAX, AND SEND E-MAILS AND WEBFORMS EVERY DAY!

Thank you.

Carol Tucker, MA
Court Reform-NOW

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