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[RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments

NB
Neil B. Shoter
Mon, Jan 4, 2010 2:52 PM

Please provide any comments you may have on this proposed bill.

This is another in a series of attempts to charge tenants for unpaid
condominium assessments and grant associations eviction rights, although
why they chose to put it in 83.46 is unclear.  Subsection (b) includes
all owner's monetary obligations to the association, not just
assessments.  The association has broad powers to deny or withhold
common area use by the tenant other than access or ingress.

http://www.shutts.com/shutts100.jpg Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com  | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | Website
http://www.shutts.com/

From: Alan Fields [mailto:abfields@mindspring.com] 
Sent: Sunday, January 03, 2010 6:29 PM
To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com;

homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com
Cc: mjgelfand@gelfandarpe.com; Meyer, George J.;
jbn@floridalandlaw.com
Subject: HB 329 Condo Assessments Bank Payments

Here is another bill for comment from your respective

committees.

This bill  requires certain tenants to pay rent moneys owed

directly to association.  This is placed in chapter 84, which may be
the wrong place; allows association to deny vote, use of property and
common areas; requires mortgagee to request estoppel letter from
association and pay fee for the estoppels of up to $50 prior to filing
foreclosure action under penalty of dismissal; Requires lender to pay
association 6 months of assessments w/I 30 days after filing foreclosure
suit.  (Glitch, it appears to require this whether the assessments are
current or not).  If foreclosure is still pending after 1 year,
mortgagee pays all outstanding assessments and all future assessments.
Penalty for non-payment is dismissal of foreclosure and attorney fees to
association.

I recommend opposition as this increases exposure of banks and

will limit future lending against condominium projects and may push
Florida condos outside of Fannie/Freddie guidelines and a technical
change to move most of chapter 84 provisions to 718, including only a
cross reference in chapter 84.

Happy New Year.

 

 

Alan B. Fields

1129 Venetian Harbor Drive NE

St. Petersburg, FL 33702

813-421-3821

c)  727-773-6664

abfields@mindspring.com

 

CONFIDENTIALITY: Unless expressly stated otherwise, this message

is confidential and may be privileged.  It is intended for the
addressee(s) only.  Access to this e-mail by anyone else is
unauthorized.  If you are not an addressee, any disclosure or copying of
the contents of this e-mail or any action taken in reliance on it is
unauthorized and may be unlawful. If you are not an addressee, please
inform the sender immediately.

Internal Revenue Service regulations require that certain types

of written advice include a disclaimer. To the extent the preceding
message contains advice relating to a Federal tax issue, unless
expressly stated otherwise the advice is not intended or written to be
used, and it cannot be used by the recipient or any other taxpayer, for
the purpose of avoiding Federal tax penalties, and was not written to
support the promotion or marketing of any transaction or matter
discussed herein.

IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law.  If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential.  If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited.  If you have
received this email in error, please notify the sender by
email reply.  Thank you.

Please provide any comments you may have on this proposed bill. This is another in a series of attempts to charge tenants for unpaid condominium assessments and grant associations eviction rights, although why they chose to put it in 83.46 is unclear. Subsection (b) includes all owner's monetary obligations to the association, not just assessments. The association has broad powers to deny or withhold common area use by the tenant other than access or ingress. <http://www.shutts.com/shutts100.jpg> Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail <mailto:NShoter@shutts.com> | Biography <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b -af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b -af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website <http://www.shutts.com/> ________________________________ From: Alan Fields [mailto:abfields@mindspring.com] Sent: Sunday, January 03, 2010 6:29 PM To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com; homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com Cc: mjgelfand@gelfandarpe.com; Meyer, George J.; jbn@floridalandlaw.com Subject: HB 329 Condo Assessments Bank Payments Here is another bill for comment from your respective committees. This bill requires certain tenants to pay rent moneys owed directly to association. This is placed in chapter 84, which may be the wrong place; allows association to deny vote, use of property and common areas; requires mortgagee to request estoppel letter from association and pay fee for the estoppels of up to $50 prior to filing foreclosure action under penalty of dismissal; Requires lender to pay association 6 months of assessments w/I 30 days after filing foreclosure suit. (Glitch, it appears to require this whether the assessments are current or not). If foreclosure is still pending after 1 year, mortgagee pays all outstanding assessments and all future assessments. Penalty for non-payment is dismissal of foreclosure and attorney fees to association. I recommend opposition as this increases exposure of banks and will limit future lending against condominium projects and may push Florida condos outside of Fannie/Freddie guidelines and a technical change to move most of chapter 84 provisions to 718, including only a cross reference in chapter 84. Happy New Year. Alan B. Fields 1129 Venetian Harbor Drive NE St. Petersburg, FL 33702 813-421-3821 c) 727-773-6664 abfields@mindspring.com CONFIDENTIALITY: Unless expressly stated otherwise, this message is confidential and may be privileged. It is intended for the addressee(s) only. Access to this e-mail by anyone else is unauthorized. If you are not an addressee, any disclosure or copying of the contents of this e-mail or any action taken in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.
HB329.pdf (92.22 KB)
DW
David Weisman
Mon, Jan 4, 2010 3:18 PM

Two issues jump out at me:

  1.  They are making the tenant jointly and severally liable for

association payments, albeit limited to the amounts payable under the
lease to the Landlord. The sentence about prepaid rent is going to cause
problems and arguments, especially when the tenant tries to set off a
security deposit because they fear that the Landlord won't be around to
return in.

  1.  More troublesome is the language in the Condo section where they

allow the association to deny an owner the right to occupy and grant a
right to tow a vehicle from the owner's parking space. I thought that
divestment of the ownership rights was the foreclosure or eviction
process.

Beware granting more power to the associations!

David  Weisman

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Monday, January 04, 2010 9:53 AM
To: RPPTL Landlord Tenant Committee
Cc: Frank, Scott A.
Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments

Please provide any comments you may have on this proposed bill.

This is another in a series of attempts to charge tenants for unpaid
condominium assessments and grant associations eviction rights, although
why they chose to put it in 83.46 is unclear.  Subsection (b) includes
all owner's monetary obligations to the association, not just
assessments.  The association has broad powers to deny or withhold
common area use by the tenant other than access or ingress.

http://www.shutts.com/shutts100.jpg

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com  | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | Website
http://www.shutts.com/

From: Alan Fields [mailto:abfields@mindspring.com] 
Sent: Sunday, January 03, 2010 6:29 PM
To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com;

homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com
Cc: mjgelfand@gelfandarpe.com; Meyer, George J.;
jbn@floridalandlaw.com
Subject: HB 329 Condo Assessments Bank Payments

Here is another bill for comment from your respective

committees.

This bill  requires certain tenants to pay rent moneys owed

directly to association.  This is placed in chapter 84, which may be
the wrong place; allows association to deny vote, use of property and
common areas; requires mortgagee to request estoppel letter from
association and pay fee for the estoppels of up to $50 prior to filing
foreclosure action under penalty of dismissal; Requires lender to pay
association 6 months of assessments w/I 30 days after filing foreclosure
suit.  (Glitch, it appears to require this whether the assessments are
current or not).  If foreclosure is still pending after 1 year,
mortgagee pays all outstanding assessments and all future assessments.
Penalty for non-payment is dismissal of foreclosure and attorney fees to
association.

I recommend opposition as this increases exposure of banks and

will limit future lending against condominium projects and may push
Florida condos outside of Fannie/Freddie guidelines and a technical
change to move most of chapter 84 provisions to 718, including only a
cross reference in chapter 84.

Happy New Year.

 

 

Alan B. Fields

1129 Venetian Harbor Drive NE

St. Petersburg, FL 33702

813-421-3821

c)  727-773-6664

abfields@mindspring.com

 

CONFIDENTIALITY: Unless expressly stated otherwise, this message

is confidential and may be privileged.  It is intended for the
addressee(s) only.  Access to this e-mail by anyone else is
unauthorized.  If you are not an addressee, any disclosure or copying of
the contents of this e-mail or any action taken in reliance on it is
unauthorized and may be unlawful. If you are not an addressee, please
inform the sender immediately.

Internal Revenue Service regulations require that certain types

of written advice include a disclaimer. To the extent the preceding
message contains advice relating to a Federal tax issue, unless
expressly stated otherwise the advice is not intended or written to be
used, and it cannot be used by the recipient or any other taxpayer, for
the purpose of avoiding Federal tax penalties, and was not written to
support the promotion or marketing of any transaction or matter
discussed herein.

IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law.  If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential.  If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited.  If you have
received this email in error, please notify the sender by
email reply.  Thank you.

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Two issues jump out at me: 1. They are making the tenant jointly and severally liable for association payments, albeit limited to the amounts payable under the lease to the Landlord. The sentence about prepaid rent is going to cause problems and arguments, especially when the tenant tries to set off a security deposit because they fear that the Landlord won't be around to return in. 2. More troublesome is the language in the Condo section where they allow the association to deny an owner the right to occupy and grant a right to tow a vehicle from the owner's parking space. I thought that divestment of the ownership rights was the foreclosure or eviction process. Beware granting more power to the associations! David Weisman David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Monday, January 04, 2010 9:53 AM To: RPPTL Landlord Tenant Committee Cc: Frank, Scott A. Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments Please provide any comments you may have on this proposed bill. This is another in a series of attempts to charge tenants for unpaid condominium assessments and grant associations eviction rights, although why they chose to put it in 83.46 is unclear. Subsection (b) includes all owner's monetary obligations to the association, not just assessments. The association has broad powers to deny or withhold common area use by the tenant other than access or ingress. <http://www.shutts.com/shutts100.jpg> Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail <mailto:NShoter@shutts.com> | Biography <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b -af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b -af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website <http://www.shutts.com/> ________________________________ From: Alan Fields [mailto:abfields@mindspring.com] Sent: Sunday, January 03, 2010 6:29 PM To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com; homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com Cc: mjgelfand@gelfandarpe.com; Meyer, George J.; jbn@floridalandlaw.com Subject: HB 329 Condo Assessments Bank Payments Here is another bill for comment from your respective committees. This bill requires certain tenants to pay rent moneys owed directly to association. This is placed in chapter 84, which may be the wrong place; allows association to deny vote, use of property and common areas; requires mortgagee to request estoppel letter from association and pay fee for the estoppels of up to $50 prior to filing foreclosure action under penalty of dismissal; Requires lender to pay association 6 months of assessments w/I 30 days after filing foreclosure suit. (Glitch, it appears to require this whether the assessments are current or not). If foreclosure is still pending after 1 year, mortgagee pays all outstanding assessments and all future assessments. Penalty for non-payment is dismissal of foreclosure and attorney fees to association. I recommend opposition as this increases exposure of banks and will limit future lending against condominium projects and may push Florida condos outside of Fannie/Freddie guidelines and a technical change to move most of chapter 84 provisions to 718, including only a cross reference in chapter 84. Happy New Year. Alan B. Fields 1129 Venetian Harbor Drive NE St. Petersburg, FL 33702 813-421-3821 c) 727-773-6664 abfields@mindspring.com CONFIDENTIALITY: Unless expressly stated otherwise, this message is confidential and may be privileged. It is intended for the addressee(s) only. Access to this e-mail by anyone else is unauthorized. If you are not an addressee, any disclosure or copying of the contents of this e-mail or any action taken in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Attached image
H
harry (at) evict.com
Mon, Jan 4, 2010 3:36 PM

Hello All,

It would be good to get in touch with whoever is pushing this and find out
who their lobbyist is so we can work together sooner rather than later on
any adjustments.

So far now we have the foreclosure bill, the domestic violence bill and this
bill to deal with.

The domestic violence bill is back after being successfully defeated last
year  and the proponents have refused to remove the language in it that will
prevent a landlord from denying an applicant even if it is found out that
the applicant was a cause of or active participant in incidents of domestic
violence, damage to property, injury to persons etc. As long as a person is
defined as a "domestic violence victim" they can get out of a lease
obligation. This is major. The domestic violence bill creates a "super"
protected class unlike no other and will be in FS 83 if passed.

Please see
http://www.flsenate.gov/data/session/2010/Senate/bills/billtext/pdf/s0786.pd
f

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Monday, January 04, 2010 10:19 AM
To: RPPTL Landlord Tenant Committee
Cc: Frank, Scott A.
Subject: Re: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments

Two issues jump out at me:

  1.   They are making the tenant jointly and severally liable for

association payments, albeit limited to the amounts payable under the lease
to the Landlord. The sentence about prepaid rent is going to cause problems
and arguments, especially when the tenant tries to set off a security
deposit because they fear that the Landlord won't be around to return in.

  1.   More troublesome is the language in the Condo section where they

allow the association to deny an owner the right to occupy and grant a right
to tow a vehicle from the owner's parking space. I thought that divestment
of the ownership rights was the foreclosure or eviction process.

Beware granting more power to the associations!

David  Weisman

David Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

cid:image003.png@01C9C405.DE5F2DF0

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, January 04, 2010 9:53 AM
To: RPPTL Landlord Tenant Committee
Cc: Frank, Scott A.
Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments

Please provide any comments you may have on this proposed bill.

This is another in a series of attempts to charge tenants for unpaid
condominium assessments and grant associations eviction rights, although why
they chose to put it in 83.46 is unclear.  Subsection (b) includes all
owner's monetary obligations to the association, not just assessments.  The
association has broad powers to deny or withhold common area use by the
tenant other than access or ingress.

Image removed by sender.

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
mailto:NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  http://www.shutts.com/
Website

From: Alan Fields [mailto:abfields@mindspring.com]
Sent: Sunday, January 03, 2010 6:29 PM
To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com;
homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com
Cc: mjgelfand@gelfandarpe.com; Meyer, George J.; jbn@floridalandlaw.com
Subject: HB 329 Condo Assessments Bank Payments

Here is another bill for comment from your respective committees.

This bill  requires certain tenants to pay rent moneys owed directly to
association.  This is placed in chapter 84, which may be the wrong place;
allows association to deny vote, use of property and common areas; requires
mortgagee to request estoppel letter from association and pay fee for the
estoppels of up to $50 prior to filing foreclosure action under penalty of
dismissal; Requires lender to pay association 6 months of assessments w/I 30
days after filing foreclosure suit.  (Glitch, it appears to require this
whether the assessments are current or not).  If foreclosure is still
pending after 1 year, mortgagee pays all outstanding assessments and all
future assessments.  Penalty for non-payment is dismissal of foreclosure and
attorney fees to association.

I recommend opposition as this increases exposure of banks and will limit
future lending against condominium projects and may push Florida condos
outside of Fannie/Freddie guidelines and a technical change to move most of
chapter 84 provisions to 718, including only a cross reference in chapter
84.

Happy New Year.

Alan B. Fields

1129 Venetian Harbor Drive NE

St. Petersburg, FL 33702

813-421-3821

c)  727-773-6664

abfields@mindspring.com

CONFIDENTIALITY: Unless expressly stated otherwise, this message is
confidential and may be privileged.  It is intended for the addressee(s)
only.  Access to this e-mail by anyone else is unauthorized.  If you are not
an addressee, any disclosure or copying of the contents of this e-mail or
any action taken in reliance on it is unauthorized and may be unlawful. If
you are not an addressee, please inform the sender immediately.

Internal Revenue Service regulations require that certain types of written
advice include a disclaimer. To the extent the preceding message contains
advice relating to a Federal tax issue, unless expressly stated otherwise
the advice is not intended or written to be used, and it cannot be used by
the recipient or any other taxpayer, for the purpose of avoiding Federal tax
penalties, and was not written to support the promotion or marketing of any
transaction or matter discussed herein.

IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
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used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law.  If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
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person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
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Hello All, It would be good to get in touch with whoever is pushing this and find out who their lobbyist is so we can work together sooner rather than later on any adjustments. So far now we have the foreclosure bill, the domestic violence bill and this bill to deal with. The domestic violence bill is back after being successfully defeated last year and the proponents have refused to remove the language in it that will prevent a landlord from denying an applicant even if it is found out that the applicant was a cause of or active participant in incidents of domestic violence, damage to property, injury to persons etc. As long as a person is defined as a "domestic violence victim" they can get out of a lease obligation. This is major. The domestic violence bill creates a "super" protected class unlike no other and will be in FS 83 if passed. Please see http://www.flsenate.gov/data/session/2010/Senate/bills/billtext/pdf/s0786.pd f Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of David Weisman Sent: Monday, January 04, 2010 10:19 AM To: RPPTL Landlord Tenant Committee Cc: Frank, Scott A. Subject: Re: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments Two issues jump out at me: 1. They are making the tenant jointly and severally liable for association payments, albeit limited to the amounts payable under the lease to the Landlord. The sentence about prepaid rent is going to cause problems and arguments, especially when the tenant tries to set off a security deposit because they fear that the Landlord won't be around to return in. 2. More troublesome is the language in the Condo section where they allow the association to deny an owner the right to occupy and grant a right to tow a vehicle from the owner's parking space. I thought that divestment of the ownership rights was the foreclosure or eviction process. Beware granting more power to the associations! David Weisman David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Toll Free 888-491-1120 Direct Phone 954-343-6941 Direct Fax 954-343-6942 cid:image003.png@01C9C405.DE5F2DF0 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Monday, January 04, 2010 9:53 AM To: RPPTL Landlord Tenant Committee Cc: Frank, Scott A. Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments Please provide any comments you may have on this proposed bill. This is another in a series of attempts to charge tenants for unpaid condominium assessments and grant associations eviction rights, although why they chose to put it in 83.46 is unclear. Subsection (b) includes all owner's monetary obligations to the association, not just assessments. The association has broad powers to deny or withhold common area use by the tenant other than access or ingress. Image removed by sender. Neil B. Shoter Partner / LEED Accredited Professional _____ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 <mailto:NShoter@shutts.com> E-Mail | <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography | <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | <http://www.shutts.com/> Website _____ From: Alan Fields [mailto:abfields@mindspring.com] Sent: Sunday, January 03, 2010 6:29 PM To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com; homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com Cc: mjgelfand@gelfandarpe.com; Meyer, George J.; jbn@floridalandlaw.com Subject: HB 329 Condo Assessments Bank Payments Here is another bill for comment from your respective committees. This bill requires certain tenants to pay rent moneys owed directly to association. This is placed in chapter 84, which may be the wrong place; allows association to deny vote, use of property and common areas; requires mortgagee to request estoppel letter from association and pay fee for the estoppels of up to $50 prior to filing foreclosure action under penalty of dismissal; Requires lender to pay association 6 months of assessments w/I 30 days after filing foreclosure suit. (Glitch, it appears to require this whether the assessments are current or not). If foreclosure is still pending after 1 year, mortgagee pays all outstanding assessments and all future assessments. Penalty for non-payment is dismissal of foreclosure and attorney fees to association. I recommend opposition as this increases exposure of banks and will limit future lending against condominium projects and may push Florida condos outside of Fannie/Freddie guidelines and a technical change to move most of chapter 84 provisions to 718, including only a cross reference in chapter 84. Happy New Year. Alan B. Fields 1129 Venetian Harbor Drive NE St. Petersburg, FL 33702 813-421-3821 c) 727-773-6664 abfields@mindspring.com CONFIDENTIALITY: Unless expressly stated otherwise, this message is confidential and may be privileged. It is intended for the addressee(s) only. Access to this e-mail by anyone else is unauthorized. If you are not an addressee, any disclosure or copying of the contents of this e-mail or any action taken in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Attached image Attached image
sb786.pdf (106.97 KB)
CS
Cary Sabol
Tue, Jan 5, 2010 1:53 AM

This bill is great for associations, but quite a burden on the other parties concerned (i.e. tenants and lenders).  Once the public becomes aware of its practical effects, it will probably have quite a chilling effect on the ability to rent condo units altogether.  What do you think it's chances of passing are?

Cary

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744
Confidentiality Notice: This e-mail transmission and any attachments to it are confidential and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained herein is STRICTLY PROHIBITED. 

--- On Mon, 1/4/10, Neil B. Shoter NShoter@shutts.com wrote:

From: Neil B. Shoter NShoter@shutts.com
Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Cc: "Frank, Scott A." SAFrank@arnstein.com
Date: Monday, January 4, 2010, 9:52 AM

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Please provide any comments you may have on this proposed bill. 
 
This is another in a series of attempts to charge tenants for unpaid condominium assessments and grant associations eviction rights, although why they chose to put it in 83.46 is unclear.  Subsection (b) includes all owner's monetary obligations to the association, not just assessments.  The association has broad powers to deny or withhold common area use by the tenant other than access or ingress.
 
 
 

Neil B. Shoter 
Partner / LEED Accredited Professional 

Shutts & Bowen LLP 
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail | Biography | V-Card | Website
 
 

From: Alan Fields [mailto:abfields@mindspring.com]
Sent: Sunday, January 03, 2010 6:29 PM
To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com; homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com
Cc: mjgelfand@gelfandarpe.com; Meyer, George J.; jbn@floridalandlaw.com
Subject: HB 329 Condo Assessments Bank Payments

Here is another bill for comment from your respective committees.
 
This bill  requires certain tenants to pay rent moneys owed directly to association.   This is placed in chapter 84, which may be the wrong place; allows association to deny vote, use of property and common areas; requires mortgagee to request estoppel letter from association and pay fee for the estoppels of up to $50 prior to filing foreclosure action under penalty of dismissal; Requires lender to pay association 6 months of assessments w/I 30 days after filing foreclosure suit.  (Glitch, it appears to require this whether the assessments are current or not).  If foreclosure is still pending after 1 year, mortgagee pays all outstanding assessments and all future assessments.  Penalty for non-payment is dismissal of foreclosure and attorney fees to association.
 
I recommend opposition as this increases exposure of banks and will limit future lending against condominium projects and may push Florida condos outside of Fannie/Freddie guidelines and a technical change to move most of chapter 84 provisions to 718, including only a cross reference in chapter 84.
 
Happy New Year.
 
 
Alan B. Fields
1129 Venetian Harbor Drive NE
St. Petersburg, FL 33702
813-421-3821
c)  727-773-6664
abfields@mindspring.com
 
CONFIDENTIALITY: Unless expressly stated otherwise, this message is confidential and may be privileged.  It is intended for the addressee(s) only.  Access to this e-mail by anyone else is unauthorized.  If you are not an addressee, any disclosure or copying of the contents of this e-mail or any action taken in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately.
 
Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein.
 
 IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law.  If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential.  If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited.  If you have
received this email in error, please notify the sender by
email reply.  Thank you.

-----Inline Attachment Follows-----

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

This bill is great for associations, but quite a burden on the other parties concerned (i.e. tenants and lenders).  Once the public becomes aware of its practical effects, it will probably have quite a chilling effect on the ability to rent condo units altogether.  What do you think it's chances of passing are? Cary Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Confidentiality Notice: This e-mail transmission and any attachments to it are confidential and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained herein is STRICTLY PROHIBITED.  --- On Mon, 1/4/10, Neil B. Shoter <NShoter@shutts.com> wrote: From: Neil B. Shoter <NShoter@shutts.com> Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments To: "RPPTL Landlord Tenant Committee" <landten@lists.flabarrpptl.org> Cc: "Frank, Scott A." <SAFrank@arnstein.com> Date: Monday, January 4, 2010, 9:52 AM _filtered #yiv916669992 { font-family:Cambria Math;} _filtered #yiv916669992 { font-family:Calibri;} _filtered #yiv916669992 {margin:1.0in 1.0in 1.0in 1.0in;} #yiv916669992 P.MsoNormal { FONT-SIZE:11pt;MARGIN:0in 0in 0pt;FONT-FAMILY:"Calibri", "sans-serif";} #yiv916669992 LI.MsoNormal { FONT-SIZE:11pt;MARGIN:0in 0in 0pt;FONT-FAMILY:"Calibri", "sans-serif";} #yiv916669992 DIV.MsoNormal { FONT-SIZE:11pt;MARGIN:0in 0in 0pt;FONT-FAMILY:"Calibri", "sans-serif";} #yiv916669992 A:link { COLOR:blue;TEXT-DECORATION:underline;} #yiv916669992 SPAN.MsoHyperlink { COLOR:blue;TEXT-DECORATION:underline;} #yiv916669992 A:visited { COLOR:purple;TEXT-DECORATION:underline;} #yiv916669992 SPAN.MsoHyperlinkFollowed { COLOR:purple;TEXT-DECORATION:underline;} #yiv916669992 SPAN.EmailStyle17 { COLOR:windowtext;FONT-FAMILY:"Calibri", "sans-serif";} #yiv916669992 .MsoChpDefault { } #yiv916669992 DIV.Section1 { } Please provide any comments you may have on this proposed bill.    This is another in a series of attempts to charge tenants for unpaid condominium assessments and grant associations eviction rights, although why they chose to put it in 83.46 is unclear.  Subsection (b) includes all owner's monetary obligations to the association, not just assessments.  The association has broad powers to deny or withhold common area use by the tenant other than access or ingress.       Neil B. Shoter  Partner / LEED Accredited Professional  Shutts & Bowen LLP  1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail | Biography | V-Card | Website     From: Alan Fields [mailto:abfields@mindspring.com] Sent: Sunday, January 03, 2010 6:29 PM To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com; homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com Cc: mjgelfand@gelfandarpe.com; Meyer, George J.; jbn@floridalandlaw.com Subject: HB 329 Condo Assessments Bank Payments Here is another bill for comment from your respective committees.   This bill  requires certain tenants to pay rent moneys owed directly to association.   This is placed in chapter 84, which may be the wrong place; allows association to deny vote, use of property and common areas; requires mortgagee to request estoppel letter from association and pay fee for the estoppels of up to $50 prior to filing foreclosure action under penalty of dismissal; Requires lender to pay association 6 months of assessments w/I 30 days after filing foreclosure suit.  (Glitch, it appears to require this whether the assessments are current or not).  If foreclosure is still pending after 1 year, mortgagee pays all outstanding assessments and all future assessments.  Penalty for non-payment is dismissal of foreclosure and attorney fees to association.   I recommend opposition as this increases exposure of banks and will limit future lending against condominium projects and may push Florida condos outside of Fannie/Freddie guidelines and a technical change to move most of chapter 84 provisions to 718, including only a cross reference in chapter 84.   Happy New Year.     Alan B. Fields 1129 Venetian Harbor Drive NE St. Petersburg, FL 33702 813-421-3821 c)  727-773-6664 abfields@mindspring.com   CONFIDENTIALITY: Unless expressly stated otherwise, this message is confidential and may be privileged.  It is intended for the addressee(s) only.  Access to this e-mail by anyone else is unauthorized.  If you are not an addressee, any disclosure or copying of the contents of this e-mail or any action taken in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately.   Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein.    IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. -----Inline Attachment Follows----- _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
H
harry (at) evict.com
Tue, Jan 5, 2010 2:31 AM

Based on my experience over the past 20 years writing and getting passed
many changes to Section 83, if it does not get fought or tied up in too many
committees, it will pass.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  http://www.evict.com/ www.evict.com
Email:  mailto:harry@evict.com harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, January 04, 2010 8:53 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments

This bill is great for associations, but quite a burden on the other parties
concerned (i.e. tenants and lenders).  Once the public becomes aware of its
practical effects, it will probably have quite a chilling effect on the
ability to rent condo units altogether.  What do you think it's chances of
passing are?

Cary

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416

Phone: (561) 281-2744

Confidentiality Notice: This e-mail transmission and any attachments to it
are confidential and may be legally privileged.  If you are not the intended
recipient, you are hereby notified that any disclosure, copying,
distribution or use of the information contained herein is STRICTLY
PROHIBITED.

--- On Mon, 1/4/10, Neil B. Shoter NShoter@shutts.com wrote:

From: Neil B. Shoter NShoter@shutts.com
Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Cc: "Frank, Scott A." SAFrank@arnstein.com
Date: Monday, January 4, 2010, 9:52 AM

Please provide any comments you may have on this proposed bill.

This is another in a series of attempts to charge tenants for unpaid
condominium assessments and grant associations eviction rights, although why
they chose to put it in 83.46 is unclear.  Subsection (b) includes all
owner's monetary obligations to the association, not just assessments.  The
association has broad powers to deny or withhold common area use by the
tenant other than access or ingress.

Image removed by sender.

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
http://us.mc332.mail.yahoo.com/mc/compose?to=NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card |  http://www.shutts.com/
Website

From: Alan Fields [mailto:abfields@mindspring.com]
Sent: Sunday, January 03, 2010 6:29 PM
To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com;
homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com
Cc: mjgelfand@gelfandarpe.com; Meyer, George J.; jbn@floridalandlaw.com
Subject: HB 329 Condo Assessments Bank Payments

Here is another bill for comment from your respective committees.

This bill  requires certain tenants to pay rent moneys owed directly to
association.  This is placed in chapter 84, which may be the wrong place;
allows association to deny vote, use of property and common areas; requires
mortgagee to request estoppel letter from association and pay fee for the
estoppels of up to $50 prior to filing foreclosure action under penalty of
dismissal; Requires lender to pay association 6 months of assessments w/I 30
days after filing foreclosure suit.  (Glitch, it appears to require this
whether the assessments are current or not).  If foreclosure is still
pending after 1 year, mortgagee pays all outstanding assessments and all
future assessments.  Penalty for non-payment is dismissal of foreclosure and
attorney fees to association.

I recommend opposition as this increases exposure of banks and will limit
future lending against condominium projects and may push Florida condos
outside of Fannie/Freddie guidelines and a technical change to move most of
chapter 84 provisions to 718, including only a cross reference in chapter
84.

Happy New Year.

Alan B. Fields

1129 Venetian Harbor Drive NE

St. Petersburg, FL 33702

813-421-3821

c)  727-773-6664

abfields@mindspring.com

CONFIDENTIALITY: Unless expressly stated otherwise, this message is
confidential and may be privileged.  It is intended for the addressee(s)
only.  Access to this e-mail by anyone else is unauthorized.  If you are not
an addressee, any disclosure or copying of the contents of this e-mail or
any action taken in reliance on it is unauthorized and may be unlawful. If
you are not an addressee, please inform the sender immediately.

Internal Revenue Service regulations require that certain types of written
advice include a disclaimer. To the extent the preceding message contains
advice relating to a Federal tax issue, unless expressly stated otherwise
the advice is not intended or written to be used, and it cannot be used by
the recipient or any other taxpayer, for the purpose of avoiding Federal tax
penalties, and was not written to support the promotion or marketing of any
transaction or matter discussed herein.

IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law.  If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential.  If you are not the intended recipient,
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Based on my experience over the past 20 years writing and getting passed many changes to Section 83, if it does not get fought or tied up in too many committees, it will pass. Harry Heist LAW OFFICES OF HEIST, WEISSE & DAVIS, P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol Sent: Monday, January 04, 2010 8:53 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments This bill is great for associations, but quite a burden on the other parties concerned (i.e. tenants and lenders). Once the public becomes aware of its practical effects, it will probably have quite a chilling effect on the ability to rent condo units altogether. What do you think it's chances of passing are? Cary Cary P. Sabol, Esq. P.O. Box 15981 West Palm Beach, Florida 33416 Phone: (561) 281-2744 Confidentiality Notice: This e-mail transmission and any attachments to it are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained herein is STRICTLY PROHIBITED. --- On Mon, 1/4/10, Neil B. Shoter <NShoter@shutts.com> wrote: From: Neil B. Shoter <NShoter@shutts.com> Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments To: "RPPTL Landlord Tenant Committee" <landten@lists.flabarrpptl.org> Cc: "Frank, Scott A." <SAFrank@arnstein.com> Date: Monday, January 4, 2010, 9:52 AM Please provide any comments you may have on this proposed bill. This is another in a series of attempts to charge tenants for unpaid condominium assessments and grant associations eviction rights, although why they chose to put it in 83.46 is unclear. Subsection (b) includes all owner's monetary obligations to the association, not just assessments. The association has broad powers to deny or withhold common area use by the tenant other than access or ingress. Image removed by sender. Neil B. Shoter Partner / LEED Accredited Professional _____ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 <http://us.mc332.mail.yahoo.com/mc/compose?to=NShoter@shutts.com> E-Mail | <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography | <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4 b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | <http://www.shutts.com/> Website _____ From: Alan Fields [mailto:abfields@mindspring.com] Sent: Sunday, January 03, 2010 6:29 PM To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com; homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com Cc: mjgelfand@gelfandarpe.com; Meyer, George J.; jbn@floridalandlaw.com Subject: HB 329 Condo Assessments Bank Payments Here is another bill for comment from your respective committees. This bill requires certain tenants to pay rent moneys owed directly to association. This is placed in chapter 84, which may be the wrong place; allows association to deny vote, use of property and common areas; requires mortgagee to request estoppel letter from association and pay fee for the estoppels of up to $50 prior to filing foreclosure action under penalty of dismissal; Requires lender to pay association 6 months of assessments w/I 30 days after filing foreclosure suit. (Glitch, it appears to require this whether the assessments are current or not). If foreclosure is still pending after 1 year, mortgagee pays all outstanding assessments and all future assessments. Penalty for non-payment is dismissal of foreclosure and attorney fees to association. I recommend opposition as this increases exposure of banks and will limit future lending against condominium projects and may push Florida condos outside of Fannie/Freddie guidelines and a technical change to move most of chapter 84 provisions to 718, including only a cross reference in chapter 84. Happy New Year. Alan B. Fields 1129 Venetian Harbor Drive NE St. Petersburg, FL 33702 813-421-3821 c) 727-773-6664 abfields@mindspring.com CONFIDENTIALITY: Unless expressly stated otherwise, this message is confidential and may be privileged. It is intended for the addressee(s) only. Access to this e-mail by anyone else is unauthorized. If you are not an addressee, any disclosure or copying of the contents of this e-mail or any action taken in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. 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Shane Weaver
Tue, Jan 5, 2010 5:08 PM

This is not a good bill. I certainly understand the need to keep associations financially afloat in the wake of the foreclosure crisis, but this is quite expansive, sloppily written and abrogates a host of other legal rights.

Holding tenants jointly and severally liable for a unit owner's delinquencies is ridiculous. Imagine being an innocent tenant, not knowing your landlord is behind on assessments, and then one day having the bill handed to you. Good luck trying to rent your condo unit once realtors and the media pick up on this.

As far as the association's ability to evict the tenant for non-payment, the proposed language does not reference or incorporate Chapter 83. Was this intended to be some type of new eviction procedure that bypasses Chapter 83's requirements? Given that eviction under Chapter 83 first requires the existence of a lease between the parties, how would the association even be able to use that mechanism? If they're hell-bent on going this route, they need to amend Chapter 83, as well.

Direct payment of rent to the association would be acceptable, but there MUST be proper protections for the tenant:

  •     There should first be a required warning notice at least 30 or 60 days before direct payment can take effect, such as:. "Your landlord is behind on assessments; if the balance is not paid by [date], you will be required to start paying rent directly to the association pursuant to Florida Statute 83.46. If you have questions, please call [association or property manager phone number]"

  •     Then there would be second notice once that date passes officially requiring the tenant to begin paying the association.

  •     Required forms should be provided in the statute (so associations don't add extra threats or misstate the law).

  •     Finally, all associations should be required to provide an explanation of this process as part of the approval application process.

  •     Associations' failure to provide the above notices is a defense to any actions against the tenant. There's going to be chaos for a while if this is implemented, and it should be incumbent on the association to inform tenants that LL-T law now works differently in a condo.

There also needs to be clear language that once this rent provision is invoked, the landlord loses the right to sue the tenant for non-payment. Otherwise, there's potential liability to the landlord when the tenant is doing what's required by the association (and if not liability, then a confusing gray area that could lead to wasteful litigation).

The proposed amendments to 718.106 are rather disturbing in their reach. As David Weisman points out, it subverts the foreclosure and eviction processes and allows the association to bar an owner or tenant from his or her unit without due process.

Examples of sloppy drafting:

  •     83.46(4)(b) and (4)(b)(1) are quite clear that a tenant is jointly and severally liable for ALL of the unit owner's association debts, including costs and attorney's fees. Yet it would seem that 83.46(4)(b)(2) then limits that liability to the amount a tenant actually owes a landlord. If indeed that was the intent, I don't get why they wouldn't just include that limitation earlier, rather than sticking it in after the broadly expansive subsections that repeatedly use "all."

  •     This might be kind of wonkish, but the language added to 718.116(2) about "denial of the use or enjoyment" is grammatically wrong. The implied antecedent in the existing language was the unit owner, but in the added language it's the association. They don't fit. This is how one would read the amendment: "Liability ... may not be avoided by [the unit owner's] waiver of the use or enjoyment of any common element, [the unit owner's] denial of the use or enjoyment ... or by [the unit owner's] abandonment of the unit." The denial part should be separated and specify that it applies to the association's denial.

The statute should simply stop at having tenants pay rent to the associations, with proper procedures and protections. Forget this automatic liability for someone else's debts or putting people out of their homes.

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Monday, January 04, 2010 9:53 AM
To: RPPTL Landlord Tenant Committee
Cc: Frank, Scott A.
Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments

Please provide any comments you may have on this proposed bill.

This is another in a series of attempts to charge tenants for unpaid condominium assessments and grant associations eviction rights, although why they chose to put it in 83.46 is unclear.  Subsection (b) includes all owner's monetary obligations to the association, not just assessments.  The association has broad powers to deny or withhold common area use by the tenant other than access or ingress.

[http://www.shutts.com/shutts100.jpg]

Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/

From: Alan Fields [mailto:abfields@mindspring.com]
Sent: Sunday, January 03, 2010 6:29 PM
To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com; homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com
Cc: mjgelfand@gelfandarpe.com; Meyer, George J.; jbn@floridalandlaw.com
Subject: HB 329 Condo Assessments Bank Payments
Here is another bill for comment from your respective committees.

This bill  requires certain tenants to pay rent moneys owed directly to association.  This is placed in chapter 84, which may be the wrong place; allows association to deny vote, use of property and common areas; requires mortgagee to request estoppel letter from association and pay fee for the estoppels of up to $50 prior to filing foreclosure action under penalty of dismissal; Requires lender to pay association 6 months of assessments w/I 30 days after filing foreclosure suit.  (Glitch, it appears to require this whether the assessments are current or not).  If foreclosure is still pending after 1 year, mortgagee pays all outstanding assessments and all future assessments.  Penalty for non-payment is dismissal of foreclosure and attorney fees to association.

I recommend opposition as this increases exposure of banks and will limit future lending against condominium projects and may push Florida condos outside of Fannie/Freddie guidelines and a technical change to move most of chapter 84 provisions to 718, including only a cross reference in chapter 84.

Happy New Year.

Alan B. Fields
1129 Venetian Harbor Drive NE
St. Petersburg, FL 33702
813-421-3821
c)  727-773-6664
abfields@mindspring.com

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email reply.  Thank you.

This is not a good bill. I certainly understand the need to keep associations financially afloat in the wake of the foreclosure crisis, but this is quite expansive, sloppily written and abrogates a host of other legal rights. Holding tenants jointly and severally liable for a unit owner's delinquencies is ridiculous. Imagine being an innocent tenant, not knowing your landlord is behind on assessments, and then one day having the bill handed to you. Good luck trying to rent your condo unit once realtors and the media pick up on this. As far as the association's ability to evict the tenant for non-payment, the proposed language does not reference or incorporate Chapter 83. Was this intended to be some type of new eviction procedure that bypasses Chapter 83's requirements? Given that eviction under Chapter 83 first requires the existence of a lease between the parties, how would the association even be able to use that mechanism? If they're hell-bent on going this route, they need to amend Chapter 83, as well. Direct payment of rent to the association would be acceptable, but there MUST be proper protections for the tenant: * There should first be a required warning notice at least 30 or 60 days before direct payment can take effect, such as:. "Your landlord is behind on assessments; if the balance is not paid by [date], you will be required to start paying rent directly to the association pursuant to Florida Statute 83.46. If you have questions, please call [association or property manager phone number]" * Then there would be second notice once that date passes officially requiring the tenant to begin paying the association. * Required forms should be provided in the statute (so associations don't add extra threats or misstate the law). * Finally, all associations should be required to provide an explanation of this process as part of the approval application process. * Associations' failure to provide the above notices is a defense to any actions against the tenant. There's going to be chaos for a while if this is implemented, and it should be incumbent on the association to inform tenants that LL-T law now works differently in a condo. There also needs to be clear language that once this rent provision is invoked, the landlord loses the right to sue the tenant for non-payment. Otherwise, there's potential liability to the landlord when the tenant is doing what's required by the association (and if not liability, then a confusing gray area that could lead to wasteful litigation). The proposed amendments to 718.106 are rather disturbing in their reach. As David Weisman points out, it subverts the foreclosure and eviction processes and allows the association to bar an owner or tenant from his or her unit without due process. Examples of sloppy drafting: * 83.46(4)(b) and (4)(b)(1) are quite clear that a tenant is jointly and severally liable for ALL of the unit owner's association debts, including costs and attorney's fees. Yet it would seem that 83.46(4)(b)(2) then limits that liability to the amount a tenant actually owes a landlord. If indeed that was the intent, I don't get why they wouldn't just include that limitation earlier, rather than sticking it in after the broadly expansive subsections that repeatedly use "all." * This might be kind of wonkish, but the language added to 718.116(2) about "denial of the use or enjoyment" is grammatically wrong. The implied antecedent in the existing language was the unit owner, but in the added language it's the association. They don't fit. This is how one would read the amendment: "Liability ... may not be avoided by [the unit owner's] waiver of the use or enjoyment of any common element, [the unit owner's] denial of the use or enjoyment ... or by [the unit owner's] abandonment of the unit." The denial part should be separated and specify that it applies to the association's denial. The statute should simply stop at having tenants pay rent to the associations, with proper procedures and protections. Forget this automatic liability for someone else's debts or putting people out of their homes. Shane Weaver, Esq. Legal Aid Society of Palm Beach County 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Tel. (561) 822-9785 Fax (561) 655-5269 From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Monday, January 04, 2010 9:53 AM To: RPPTL Landlord Tenant Committee Cc: Frank, Scott A. Subject: [RPPTL LandTen] FW: HB 329 Condo Assessments Bank Payments Please provide any comments you may have on this proposed bill. This is another in a series of attempts to charge tenants for unpaid condominium assessments and grant associations eviction rights, although why they chose to put it in 83.46 is unclear. Subsection (b) includes all owner's monetary obligations to the association, not just assessments. The association has broad powers to deny or withhold common area use by the tenant other than access or ingress. [http://www.shutts.com/shutts100.jpg] Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail<mailto:NShoter@shutts.com> | Biography<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website<http://www.shutts.com/> ________________________________ From: Alan Fields [mailto:abfields@mindspring.com] Sent: Sunday, January 03, 2010 6:29 PM To: Freedman, Robert S.; kfernandez@kfernandez.fdn.com; homer.duvall@hklaw.com; 'Salome Zikakis'; wsobien@firstam.com Cc: mjgelfand@gelfandarpe.com; Meyer, George J.; jbn@floridalandlaw.com Subject: HB 329 Condo Assessments Bank Payments Here is another bill for comment from your respective committees. This bill requires certain tenants to pay rent moneys owed directly to association. This is placed in chapter 84, which may be the wrong place; allows association to deny vote, use of property and common areas; requires mortgagee to request estoppel letter from association and pay fee for the estoppels of up to $50 prior to filing foreclosure action under penalty of dismissal; Requires lender to pay association 6 months of assessments w/I 30 days after filing foreclosure suit. (Glitch, it appears to require this whether the assessments are current or not). If foreclosure is still pending after 1 year, mortgagee pays all outstanding assessments and all future assessments. Penalty for non-payment is dismissal of foreclosure and attorney fees to association. I recommend opposition as this increases exposure of banks and will limit future lending against condominium projects and may push Florida condos outside of Fannie/Freddie guidelines and a technical change to move most of chapter 84 provisions to 718, including only a cross reference in chapter 84. Happy New Year. Alan B. Fields 1129 Venetian Harbor Drive NE St. Petersburg, FL 33702 813-421-3821 c) 727-773-6664 abfields@mindspring.com CONFIDENTIALITY: Unless expressly stated otherwise, this message is confidential and may be privileged. It is intended for the addressee(s) only. Access to this e-mail by anyone else is unauthorized. If you are not an addressee, any disclosure or copying of the contents of this e-mail or any action taken in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.
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