HomeMy WebLinkAboutR-2009-001 FS Amend Foreclosure Responsibility RESOLUTION NO. 2009-001
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, SUPPORTING AMENDMENTS TO THE FLORIDA
STATUTES TO INCREASE MORTGAGE HOLDERS' RESPONSIBILITY
FOR DELINQUENT CONDOMINIUM, CO-OPERATIVE AND
HOMEOWNERS' ASSOCIATIONS FEES, REGULAR ASSESSMENTS AND
SPECIAL ASSESSMENTS ON UNITS IN FORECLOSURE AND ON UNITS
WHICH HAVE BEEN FORECLOSED; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, due to current economic conditions which include a housing market crisis,
South Florida, in particular, is experiencing a significant increase in foreclosure suits filed; and
WHEREAS, under present Florida law, mortgage holders are only responsible for
unpaid condominium association fees that are the lesser of 1% of any mortgage amount or six
months of unpaid maintenance fees and regular assessments at the time of foreclosure; and
WHEREAS, under the foregoing formula, condominium association fees often
accumulate in excess of what the mortgage holder is responsible for, resulting in such fees
becoming the responsibility of the remaining association members who must pay, in many cases,
exorbitant special assessments to cover the maintenance expenses and all special assessments of
the building, while units in foreclosure proceedings and foreclosed units continue to benefit at no
additional expense to the mortgage holder; and
WHEREAS, in order to provide a disincentive for mortgage lenders to delay foreclosure
actions in order to avoid the payment of escalating condominium fees, and to fairly place
responsibility on the party that has the most to benefit from the continued receipt of maintenance
services on units in foreclosure proceedings and foreclosed units, the Florida Statutes should be
amended; and
WHEREAS, the City Commission of the City of Dania Beach, Florida deems such an
amendment to be in the best interests of the citizens and residents of the City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are confirmed and ratified as
being true and correct and they are incorporated by this reference.
Section 2. That the City Commission of the City of Dania Beach, Florida supports
amendments to the Florida Statutes to increase mortgage holders' responsibility for delinquent
condominium, co-operative and homeowners' association fees, regular assessments and special
assessments on units in foreclosure.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on January 13, 2009.
ALBERT C. JON
MAYOR-COMM SIGNER
ATTEST:
l/ 1 —
LOUISE STILSON, CMC --
CITY CLERK
RTEO �"
APPROVED AS FO AND CORRECTNESS:
4
T AS . AINOAR6
CITY ATTORNEY
2 RESOLUTION #2009-001