HomeMy WebLinkAboutResolution 2008-39RESOLUTION NO. 2008-39
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
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,
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, THERFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL CITY
COUNCIL:
City of Cape Canaveral, Florida
Resolution No. 2008 -39
Page 2 of 2
SECTION 1. The Mayor and City Council 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.
ADOPTED BY , the City of Cape Canaveral City Council this 0th day of January, 2009.
Rocky Randel , Mayor
ATTEST:
Susan tills, if`y lark
Name
Robert Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts Second
Betty Walsh Motion
For Against
x
x
Approved as to Form:
5
• i
Y F
Anthony A. Garganese, City Attorney