HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-189Temp. Reso. #11539
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December 8, 2008
CITY OF TAMARAC, FLORIDA
RESOLUTION No. R-2008-liq
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, SUPPORTING AMENDMENTS TO THE
FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS'
RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO-
OPERATIVE AND HOMEOWNERS' ASSOCIATIONS FEES,
REGULAR ASSESSMENTS AND SPECIAL ASSESSMENTS ON
UNITS IN FORECLOSURE AND ON FORECLOSED ON UNITS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR 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
any mortgage amount of 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
Temp. Reso. #11539
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December 8, 2008
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; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems
such an amendment to be in the best interests of the citizens and residents of the
City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are confirmed and ratified
as being true and correct and are hereby incorporated herein.
Section 2. That the City Commission of the City of Tamarac, Florida
hereby supports amendments to the Florida Statutes to increase mortgage holders'
responsibility for delinquent condominium, co-operative and homeowners'
association fees, regular assessments and special assessments on units in
foreclosure.
Section 3. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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December 8, 2008
Section 4. If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THIS IP& DAY OF AeIIA 2008.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
44 A
• WLIEL 9. 06REN
CITY ATTqRNEY
CITY OF TAMARAC, FLORIDA
Beth Flansbaum-Talc sco, Mayor
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM. BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER