2021 Legislative Changes affecting Associations (Part 2)

May 27, 2021

Senate Bill 56 has been signed into law and will take effect July 1, 2021. This act relates to community association assessment notice. We have outlined the most significant amendments below:

CONDOMINIUM ASSOCIATIONS

  • Affirmative acknowledges made pursuant to s 718.121(4)(c) are part of the official records of the association. This affirmative acknowledgement is an acknowledgement electronically or in writing that the association is changing its method of delivering the statement of the account.
  • Condominium associations must send a “Notice of Late Assessment” via first-class mail to the last address as reflected in the association’s records prior to requiring payment of attorney fees related to a past due assessment.
  • Liens may not be filed until 45 days after the date on which a notice of intent to file a lien has been delivered as opposed to the previous 30 days. This now is the same as homeowners associations.
  • Intents to file a lien must be sent to both the last address on the associations’ records, and if any address is not the unit address, it must also be sent to the unit address.
  • Unit Owners have 45 days from an Intent to Lien is sent to pay as opposed to the previous 30 days. This now is the same as homeowners’ associations.

HOMEOWNER ASSOCIATIONS

  • Affirmative acknowledges made pursuant to S. 720.3085(3)(C)3 are part of the official records of the association. This affirmative acknowledgement is an acknowledgement electronically or in writing that the association is changing its method of delivering the statement of the account.
  • Homeowners’ associations must send a “Notice of Late Assessment” via first-class mail to the last address as reflected in the association’s records prior to requiring payment of attorney fees related to a past due assessment. The Notice of Late Assessment must be sent to both the address last reflected in the associations records and if the address is not the parcel address, it must also be sent to the parcel address.
BETTER BY ASSOCIATION
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