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Landlords of Brevard County – Emergency Housing Program

In a partnership between HUD, the Housing Authorities and Brevard Homeless Coalition we would like to invite you to participate in a limited program.

There are only a total of 117 participants in this program throughout Brevard County, so do not wait!

If you have any questions or concerns, feel free to contact me directly.

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2021 Legislative Update – Condominium Associations

As you may be aware, the Florida legislature was quite active this year and passed several bills
affecting condominium associations. These laws took effect on July 1, 2021. The following
provides a brief summary of some of the more significant changes made of which you should take
note (this is not an exhaustive list). Of course, if you have any questions or concerns, please contact
me.

§ 718.111(12)(a)11 and (b), Florida Statutes
Bids for work or for materials, equipment, or services must be kept at least 1 year after receipt of the
bid.

§ 718.111(12)(c)1 Florida Statutes
An association cannot mandate that unit owners provide reasons to inspect official records.
Renters must be given access to the declaration, bylaws and rules, but they have no rights to other
official records.

§ 718.112(2)(d)2, Florida Statutes
Board member 8 year terms limits shall run from the first day of any term beginning on or after July
1, 2018. Clarifies that the 8 years does not include any time served prior to July 1, 2018.

§ 718.112(2)(d)2, Florida Statutes
Members of an association’s board of directors can be disqualified only for a delinquency in the
payment of assessments instead of “any monetary obligation” (which was the previous language,
and included fines).

§ 718.112(2)(f)1, Florida Statutes
The board must adopt the association’s annual budget at least 14 days prior to the start of the
association’s fiscal year. If a board does not adopt a new budget as required, the prior budget shall
stay in effect until a new budget it adopted. Failure to timely adopt a budget twice shall be deemed
a “minor violation” and could subject the association to monetary penalties as set forth in the Florida
Administrative Code.

§ 718.112(2)(I), Florida Statutes
If authority to charge a transfer fee is set forth in the governing documents, the upper limit for the
transfer fee is raised to $150.00 per adult applicant. The amount of the fee will increase in
accordance with the Consumer Price Index every 5 years.

§ 718.116(6), Florida Statutes
Notices of an association’s intent to lien, and its intent to foreclose, must now provide 45 days to
comply instead of 30.
Before sending a delinquent account to the association attorney, a new, form 30-day courtesy notice
must be provided to the owner.

§ 718.1255, Florida Statutes
A party may now choose whether to pursue an arbitrable dispute via non-binding arbitration, or
alternatively via presuit mediation followed by a lawsuit. Previously, arbitration was the only and
mandatory choice for arbitrable disputes.

THE CDC EVICTION MORATORIUM HAS BEEN STRUCK DOWN BY THE SUPREME COURT

ALL EVICTIONS CAN BE STILL BE FILED AS NORMAL  –  30 DAY NOTICE OF NONPAYMENT OF RENT REQUIREMENT FOR “CARES ACT COVERED PROPERTIES” IS STILL IN EFFECT

6 minute video explaining the current situation.
The CDC Eviction Moratorium has been struck down by the Supreme Court but it is crucial to stay informed. Updates are found on www.evict.com 
All evictions can be filed as normal, and the special “notice” advising the tenant of the CDC Order protection no longer needs to be provided.

The latest guidance from HUD regarding the CARES ACT states that IF the property is covered under the CARES ACT, the 30 Day Notice of nonpayment of rent must be used rather than the usual 3 Day Notice. 

YOUR CURRENT OPEN NONPAYMENT OF RENT EVICTIONS 
The final step (removal by the Sheriff), can now occur if an eviction was held up by a CDC Declaration.  
IF NO CDC DECLARATION HAD BEEN SUBMITTED BY THE TENANT:
Most nonpayment cases were already moving through in most counties and will continue to do so.

STEPS YOU NEED TO TAKE NOW:

FOR DELINQUENT TENANTS WHERE NO EVICTION HAS BEEN FILED YET –
1. If you want to file an eviction, confirm you did not sign any Assistance forms stating that you would wait for funds and hold off on filing an eviction.
2. Confirm if you are CARES ACT covered or not.
3. Confirm your 3 (or 30) Day Notice is correct.
4. Confirm your 3 (or 30) Day Notice does not have excessive accumulated late fees.

FOR FILED EVICTIONS IN PROGRESS THAT WERE HELD UP BY THE CDC ORDER –
Confirm you have NOT accepted any funds during any open and held up eviction.  We are confirming this with you prior to having the Writ of Possession issued.
 

YOUR NONRENEWAL/NONCOMPLIANCE EVICTIONS:

In most cases, these evictions have been moving through fine and will continue to do so.
YOUR OPTIONS FOR FILED EVICTIONS AND EVICTION AVOIDANCE TECHNIQUES
You still have options with your Tenants.
CASH FOR KEYS – This is often a viable method.  Download the form we provide if needed.
AGREEMENT TO VACATE – Many Tenants will indeed sign an Agreement to Vacate form.  Please see the video we have on this topic and download the form if needed.
RENTAL ASSISTANCE FUNDS
Money is still being allocated by the government for rental assistance funds to the Tenant and directly to the Landlord. Keep seeking these funds out.

If an eviction is OPEN, contact us FIRST before accepting any assistance or signing any assistance paperwork.
CLICK HERE FOR INFO ON FINDING EMERGENCY RENTAL ASSISTANCE FUNDS

PAYMENT PLANS AND STIPULATIONS
Nothing is stopping you from accepting partial rent or entering into payment plans.  If you are dealing with a CURRENT OPEN EVICTION, contact us first before accepting any money so we can get you a STIPULATION.

FEEL FREE TO CALL OR EMAIL US AT ANY TIME. IN DOUBT?  CONTACT US at info@evict.com or call 1 800 253 8428

 WWW.EVICT.COM 

ONLINE EVICTION FILING
EVICTION STATUS
EVICT.COM

Lessons from the Catastrophe at Surfside Beach

By Russell E. Klemm, Partner & Litigation Manager
The recent catastrophic collapse of the condominium building in Surfside, Florida, was a tremendous shock to all Floridians and, particularly, to condominium residents.
There are also lessons to be learned from this tragedy, which every high-rise condominium association, should be cognizant of. The Champlain Towers were in the midst of a required 40-year structural analysis, when the collapse occurred. The requirement for such a structural evaluation and report is not unique to the area (Dade County). However, the requirements for such a structural inspection and report vary by Counties in Florida. Florida high-rise condominiums that are in areas that do not have a requirement for structural inspections, should, nevertheless, consider having a comprehensive structural inspection and evaluation done if the building is 30-years or even 20-years old. Scheduling an appointment with a qualified Florida structural engineer is worth the cost and all older Florida high-rise condominiums should consider doing so.
As would be expected, Florida civil engineers and structural engineers are in great demand. Condominium associations seeking to retain such an expert may experience a delay in doing so. It is also important to examine the consulting engineer’s credentials, to ensure that only a licensed civil engineer or structural engineer be retained. A list of qualifying engineers may be obtained at the American Society of Engineers’ website at: www.asce.org and at the American Society of Structural Engineers at www.asce.org/structural-engineering/structural-engineering-institute. Another important credential is certification by the ”Structural Engineering Certification Board.”
An additional concern is insurance coverage in the coming year for high-rise condominiums. If you are in a high-rise condominium, you can expect higher premiums or, in some cases, cancellation of your policy and the inability to obtain a new policy. If your association faces this situation, your association should contact the Citizens Property Insurance Corporation, which is a Florida not-for-profit corporation and the insurer of last resort in the State of Florida.
One positive note from the tragedy in Surfside will be a heightened awareness of the structural integrity of high-rise condominium buildings and hopefully the willingness of condominium associations to address any structural issues, without unnecessary delay.

NEW CDC EVICTION ORDER – NOW OCTOBER 3, 2021

NEW CDC EVICTION ORDER IN PLACE EXTENDS MORATORIUM UNTIL OCTOBER 3, 2021

ALL EVICTIONS CAN STILL BE FILED AS NORMAL  –  30 DAY NONPAYMENT OF RENT NOTICE REQUIREMENT FOR CARES ACT COVERED PROPERTIES IS STILL IN EFFECT

Video explaining the NEW CDC Order
The NEW CDC Order is in effect until October 3, 2021.
This Order applies to Florida counties where there is a substantial or high COVID transmission rate. As of August 4th, this includes 100% of Florida. This can change so keep up with the law. 

CLICK HERE FOR THE COUNTY TRACKER

LAWSUITS WILL BE FILED AND THIS ORDER COULD BE STRUCK DOWN BY THE SUPREME COURT, BUT FOR NOW, WE ARE BACK TO SQUARE ONE.

ALL EVICTIONS CAN STILL BE  FILED

The CDC Order does not prevent us from filing any type of eviction, (Declaration or no Declaration in place), but the Consumer Financial Protection Bureau’s rule of May 3 still requires the Tenant gets a special “notice” at the same time the Tenant would get their usual 3 Day Notice and/or possibly the Nonrenewal Notice. 

Your 3 Day or 30 Day Notice (CARES Act covered) still needs to contain the Notice of Rights under the CDC Order or the Notice of Rights can be given along with your 3 or 30 Day Notice. 

We recommend that you either give the wording to the Tenant with the 3 Day or 30 Day Notice and/or Notice of Nonrenewal, or you put this wording ON either notice so it is clear and conspicuous.

Nonpayment, Nonrenewal/holdover, and Noncompliance cases can all still be filed whether the Tenant has provided you with a CDC Declaration or not.

YOUR CURRENT OPEN AND NEW NONPAYMENT OF RENT EVICTIONS 

The final step (removal by the Sheriff), will not occur in a nonpayment case until after October 3, 2021 if the Tenant has presented the CDC Declaration UNLESS a judge has previously struck the Declaration down. 

IF NO CDC DECLARATION HAS BEEN SUBMITTED BY THE TENANT:

Most nonpayment cases will move through fine.

IF  A CDC DECLARATION HAS BEEN SUBMITTED BY THE TENANT:
Many judges are striking the Declaration if the Tenant does not qualify under the Declaration requirements.

YOUR NONRENEWAL/NONCOMPLIANCE EVICTIONS:
In most cases, these evictions are moving through and are not being impacted by the CDC ORDER or a submitted Declaration.
YOUR OPTIONS FOR FILED EVICTIONS AND EVICTION AVOIDANCE TECHNIQUES
You still have options with your Tenants.
CASH FOR KEYS – This is often a viable method.  Download the form we provide if needed
AGREEMENT TO VACATE – Many Tenants will indeed sign an Agreement to Vacate Form.  Please see the video we have on this topic and download the form if needed
RENTAL ASSISTANCE FUNDS
Money is still being allocated by the government for rental assistance funds to the Tenant and directly to the Landlord. Keep seeking these funds out.  If an eviction is OPEN, contact us FIRST before accepting any assistance or signing any assistance paperwork.
CLICK HERE FOR INFO ON FINDING EMERGENCY RENTAL ASSISTANCE FUNDS

PAYMENT PLANS AND STIPULATIONS
Nothing is stopping you from accepting partial rent or entering into payment plans.  If you are dealing with a CURRENT OPEN EVICTION, contact us first before accepting any money so we can get you a STIPULATION.

FEEL FREE TO CALL OR EMAIL US AT ANY TIME.  IN DOUBT?  CONTACT US at info@evict.com

 WWW.EVICT.COM 

ONLINE EVICTION FILING
EVICTION STATUS
EVICT.COM

Association Statute Language Change

ATTENTION: Associations/Condominium Property Managers

Just making sure that you are aware that the Florida Statutes were amended effective July 1, 2021, and the amendment affects the process for sending past due accounts to an attorney for collection. Here are the important points:

1. Before attorney’s fees can be incurred and charged to an owner, a new “courtesy” Notice of Late Assessments must be sent to the delinquent owner(s). The Notice of Late Assessments must be sent by first-class United States mail to the owner at his or her last address as reflected in the association’s records and, if that address is not the unit address, must also be sent by first-class United States mail to the unit address.

2. We will get a presumption, for legal purposes, that an association properly mailed a Notice if a board member, officer, or agent of the association, or a licensed manager, provides a sworn affidavit attesting to such mailing. Since we anticipate that owners may try to claim that the courtesy Notice was not sent, we really do want that legal presumption; so I do suggest that the person sending the Notice provide a notarized affidavit of mailing for each Notice.

3. A Word version of the Notice of Late Assessments form is attached for your use. Please send this early in the process, before the account gets very far in arrears; the Association will have to wait 30 days after this Notice is sent, before referring a delinquent account to an attorney for further collection activity.

4. From July 1st forward, the time to pay, in the Intent To Lien and in the Intent To Foreclose, will be 45 days (previously, 30 days each). So in a nutshell, the process is now:

a) give the Notice of Late Assessments, and wait 30 days;

b) if not paid, refer to attorney for an Intent to Lien, which gives 45 days;

c) if not paid, we record a lien, and send an Intent To Foreclose, which gives 45 days; and

d) if not paid, when the 45 days runs, we can then finally start a lien foreclosure.

As you can see, these new amendments will stretch the already long notice/lien/foreclosure process out by at least an additional 60 days, so it is best to send the attached Notice of Late Assessments in the early stages of a delinquency.

Please let me know if you have any questions regarding the new procedure.

STATUTE LANGUAGE CHANGE – NOTICE OF LATE ASSESSMENT CONDO