HomeMy WebLinkAboutCity of Tamarac Resolution R-79-084Introduced by: on o /)w
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2- 7 -cP
A RESOLUTION URGING CONGRESS TO ENACT SENATE
BILL S612 (H.R. 2792) WITH PROPOSED SENATE
AMENDMENT NO. 114 PERTAINING TO A NATIONAL
CONDOMINIUM ACT AND ESPECIALLY PROVISIONS
ALLOWING ALL TYPES OF RESIDENTIAL UNIT OWNERS
TO BRING SUIT TO CHALLENGE UNCONSCIONABLE
LEASES FOR COMMON ELEMENTS OR RECREATION
FACILITIES.
WHEREAS, there have been and continue to be too many situations
throughout this nation where developers build a project, and retain ownership of
recreation facilities which must be leased by unit purchasers as a pre-
requisite to purchase on a noncancellable basis for periods of as long as
99 years, and
WHEREAS, the rent on this lease is often directly tied
to the Consumer Price Index or some other scale and in addition the unit
owners are required to pay all or substantially all of the operating and
maintenance costs of the facilities, and
WHEREAS, the lease payments are usually secured by a lien
on the residential units and owners who cannot afford the escalating
lease payments on the recreational facility are exposed to the possible loss
of their homes, and
WHEREAS, Senate Bill S612 (H.R. 2792) with proposed Senate
Amendment No. 114 would make automatic rent increase clauses unenforceable
as to future increases when there is the "net -net" lease described above
wherein the rent increases are tied to a cost of living index and have no
relationship to the developer's obligations under the lease, and
WHEREAS, these bills would allow court challenges to both
existing and future net -net leases, and
WHEREAS, the problems sought to be resolved with this
legislation affect citizens throughout the country, and
WHEREAS, unscrupulous developers will take advantage of
additional unsuspecting purchasers if this legislation is not enacted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: For the reasons set forth above, the City of
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Tamarac urges the Congress of the United States to enact Senate
Bill S612 (H.R. 2792) with proposed Senate Amendment No. 114
this session.
SECTION 2: A copy of this Resolution shall be furnished
to the each Florida member of the United States Congress, to
the Broward League of Cities for distribution to its members,
and to the Chairman of the Broward County Commission.
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, APPROVED AND ADOPTED this day of , 1979.
ATTEST:
�2 d�m�
t- CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION
RECORD OF COUNCIL VOTE
a-.414.A, 9Y., MAYOR:
CITY ATTORNEY DISTRICT 1:
ARTHUR M . B I RKEN DISTRICT 2: aeee
DISTRICT 3: GtiP
DISTRICT 4: