LTC 073-2012 Transmittal of the City of North Bay Village MIAM[BEACH I E i a
OFFICE OF THE CITY MANAGER';(
NO. LTC # 073 -2012 _ LETTER TOMISSIQ� UL
I. °-
CITY t1� aLL i °S Oi— t
TO: Mayor Matti Herrera Bower and Members of the Cty Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 13, 2012
SUBJECT Transmittal of the City of North Bay. Village Resolution No. 2012 -04
Opposing House Bill 319.
The City of North Bay Village submitted the attached. Resolution No. 2012 -04 foryour review,
opposing House Bill 319 Pending in the Florida Legislature' related to Condominium
Associations.
- - ,
JMG /RP /Ib
Attachment
FACLER \$ ALL \LILLY\LTC's 2012\ CityofNorthBayVillageResolutionNo .2012- 04.doc
RESOLUTION NO. 2012-04
A RESOLUTION OF THE CITY COMMISSION OF THE 'CITY. OF
NORTH BAY VILLAGE, FLORIDA, .OPPOSING HOUSE BILL 319,
PENDING IN THE FLORIDA LEGISLATURE RELATED TO_
CONDOMINIUM ASSOCIATIONS; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
(INTRODUCED. BY COMMISSIONER CHERVONY AND CITY
MANAGER DENNIS KELLY)
WHEREAS, the City of North Bay Village (the "City"), through its Code of
Ordinances and Land Development Regulations provides tools and regulations to guide
and maintain. development in order to protect and enhance,the physical environment of
the City for the health, safety and welfare of its residents; and
WHEREAS'; the City maintains standards for landscaping and property
maintenance, among others; and
WHEREAS, local government, regulations and standard development. patterns
often result in" the physical concentration of condominium .developments; and
WHEREAS, Condominium Associations are responsible for maintaining the
common public areas in order to maintain the character and quality of the development,
protect 'the health and safety of its residents and visitors, and preserve the economic
viability of the development; and
WHEREAS, the physical appearance of each individual condominium
development impacts the neighboring developments, the neighborhood, and the City as a
`whole; and
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WHEREAS, proposed House Bill 319 ("HR 319 ") would significantly reduce the
authority of Condominium Associations_ to collect legally owed Maintenance Fees, Legal
Fees and Costs, Interest and Penalties on unit owners who have defaulted on payment of
their Monthly Maintenance Fees which fees are- essential to even the minimal
maintenance.of the condominium facilities; and
WHEREAS, if the Condominium Association loses the ability to collect these
fees, the property owners that have not defaulted on their legal obligation to pay the
monthly ' maintenance fees will ultimately end up paying for those who have defaulted .
causing Condominium Associations that are already financially troubled to become
financially fragile; and .
WHEREAS, the City Commission believes that this reduction in the authority of
Condominium Associations to collect these fees will create a significant threat to the
economic capability of Condominium Associations to maintain their properties; and
WHEREAS, the inability of Condominium Associations to fund and maintain
their properties will result in property deterioration and blighting of the property; and
WHEREAS, the" impacts of blighted properties travels quickly throughout
neighborhoods resulting in further. economic decline over larger, geographic areas; and .
WHEREAS, the vast majority of the City's residential units are in condominium
buildings; and
WHEREAS; the City Commission - desires -to maintain the character, standards of
living and economic viability of its neighborhoods including its significant multifamily,
condominium neighborhoods; and
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WHEREAS, the statutory limits on the collection of Monthly Maintenance Tees,
Legal Fees and Costs, Interest and Penalties from defaulting unit owners or their lenders
as proposed in HO 319 would - result in a significant loss in the capabilities of these
Condominiums Associations to maintain their properties, thereby making the units within
the condominium more difficult to sell or rent, creating even further economic instability.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF NORTH BAY VILLAGE, FLORIDA, AS
FOLLOWS:
Section 1 . Recitals The above Recitals are true and correct and incorporated .
herein by this reference,
Section 2 . Opposition of HB 319 The City of North Bay Village (the "City")
hereby opposes the passage of House Bill 319 and any related or companion legislation that
_ would serve to reduce or limit a Condominium Associations' authority to collect all
outstanding` Monthly Maintenance Fees, Attorneys Fees and Costs, Interest and Penalties.
Section 3 . Transmittal The City Clerk is hereby directed to transmit. copies of
this Resolution to the Governor of the State of Florida, the President of the Florida Senate,
the Speaker of the Florida House of Representatives, any Members of the Florida House of '
Representatives or Florida Senate introducing legislation in accordance with the terms of
this Resolution, the Members of the .Miami -Dade County Legislative Delegation and the
Mayors and Members of the governing bodies of the locai within Miami -Dade
County. .
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Section 4 :- Effective Date This Resolution shall take effect immediately
upon adoption..
The: motion to adopt the' foregoing Resolution was offered. by Commissioner Richard
Chervony, seconded by Mayor Connie Leon - Kreps,
FINAL VOTE AT ADOPTION:
Mayor Connie Leon -Kreps Yes
- Vice Mayor Eddie Lim Yes .
Commissioner Stuart Blumberg Absent
Commissioner Richard Chervony Yes
Commissioner Paul Vogel Absent
PASSED AND ADOPTED tKsll4th day of February, 2012.
k7
Connie Leon - Kreps, Mayor
A� T:
�.
v rive P. Ha mil n, C.
City Clerk
APPROVED AS TO FORM FOR THE USE
OF THE CITY OF NORTH BAY VILLAGE:
Weiss Serota elfman Pastoriza, of oniske, P.L.
City Attorney
City of North Bay Village Resolution:'Opposing House Bill 319 regarding Condominium Associations' authority to collect fees, costs, interest
and penalties.
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