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2008-26941 ResoRESOLUTION NO. zoos-26941 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, 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. 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 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 DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: that the Mayor and City Commission hereby support 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. PASSED AND ADOPTED this 5th day of November , 2008. Attes ~'~ Z~ ~ C ~ Rob rt archer, Ci y Clerk a i Herrera Bo er, ayor APPRU~D l-1 Tc? FOpM, & i!ti~f;iJA4,E b FOR ~C~r"i ICf'3 ~~ tc ~~or _-- dyNfornay rJie - m MIAMIBEACH i~FFICE OF T-~~ Md1YOR ANG CCM,M~SSiOV MEMORANDUM ro: Jorge Gonzalez, City Manager FROM: Jerry Libbin, Commissioner '~j DATE: October 23. 2008 Li~% sueJEC'- Agenda Item for the November 5, 2008 Commission Meeting Please place on the November 5, 2008 Commission Meeting agenda a Resolution urging Florida State Legislature to amend state statute 718.116 on condominium foreclosures. A copy of the resolution will follow. If you have any questions, please contact my aide, Enid Rodriguez, at extension 6722. JL/er ~~ ~~ b W 4 n 'P. m tV ~. ~ v' z~ o s O ;'~ ~ .- N Agenda Item /l~~ Date //-SOS