2009-04RESOLUTION NO. 2009-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SUPPORTING AMENDMENTS TO THE
FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS'
RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO-
OPERATIVE AND HOMEOWNER ASSOCIATIONS FEES, REGULAR
ASSESSMENTS AND SPECIAL ASSESSMENTS ON UNITS IN
FORECLOSURE AND ON FORECLOSED UNITS; AND PROVIDING 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 the original
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
Resolution No. 2009-04
Page 2
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission supports amendments to the Florida Statutes
to increase mortgage holders' responsibility for delinquent condominium, cooperative,
and homeowner associations' fees, regular assessments and special assessments on
units in foreclosure and on foreclosed units.
Section 2. This Resolution shall become effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner Diamond, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
Resolution No. 2009-D~
Page 3
PASSED AND ADOPTED this 13t" day of January, 2009.
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/USAN GOTT EB, MAYOR
AT~IEST:
RESA M.iB`~tOI~A, MMC
APPROVED AS TO LEGAL S FFICIENCY:
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CITY ATTORNEY