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RPPTL Real Estate Leasing Committee

[RPPTL LandTen] Senate Bill 530 -

Neil B. Shoter

Tue, Feb 8, 2011 3:46 PM

    We have just received a copy of the proposed revisions to the Condo/Coop/HOA sections of Florida Statutes submitted by Senator Fasano.   Our committee has been asked to give input on certain landlord/tenant provisions, namely Section 718.116 (11)  [and the similar provisions for Coop (719.108(10)) and HOA (720.3085(8)] dealing with payment by tenants of unpaid assessments.

If you have any specific thoughts or comments on these particular proposed changes as they pertain to landlord/tenant issues and the payment of unpaid assessments for Condo/Coop/HOA, please let me and Scott Frank know as soon as you can. We have been given a very short window in which to comment before this goes back to committee and need comments today if possible.

Neil

[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/

</pre>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. <pre>

We have just received a copy of the proposed revisions to the Condo/Coop/HOA sections of Florida Statutes submitted by Senator Fasano. Our committee has been asked to give input on certain landlord/tenant provisions, namely Section 718.116 (11) [and the similar provisions for Coop (719.108(10)) and HOA (720.3085(8)] dealing with payment by tenants of unpaid assessments. If you have any specific thoughts or comments on these particular proposed changes as they pertain to landlord/tenant issues and the payment of unpaid assessments for Condo/Coop/HOA, please let me and Scott Frank know as soon as you can. We have been given a very short window in which to comment before this goes back to committee and need comments today if possible. Neil [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/> </pre>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. <pre>

Alberto M Cardet

Tue, Feb 8, 2011 4:26 PM

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Tuesday, February 08, 2011 10:46 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Senate Bill 530 -

    We have just received a copy of the proposed revisions to the

Condo/Coop/HOA sections of Florida Statutes submitted by Senator Fasano.
Our committee has been asked to give input on certain landlord/tenant
provisions, namely Section 718.116 (11) [and the similar provisions for
Coop (719.108(10)) and HOA (720.3085(8)] dealing with payment by tenants of
unpaid assessments.

If you have any specific thoughts or comments on these particular proposed
changes as they pertain to landlord/tenant issues and the payment of unpaid
assessments for Condo/Coop/HOA, please let me and Scott Frank know as soon
as you can. We have been given a very short window in which to comment
before this goes back to committee and need comments today if possible.

Neil

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

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.

I'm in favor of the language as it clarifies issues that make some judges uncomfortable. I have seen cases brought by associations dismissed because the 3-day notice made reference to "rent" rather than "monetary obligation" or uncertainty as to when the tenant's obligation ended, causing an issue as to how much money if any the tenant would have to deposit in the registry or pay the association. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter Sent: Tuesday, February 08, 2011 10:46 AM To: 'RPPTL Landlord Tenant Committee' Cc: 'Law Offices of Scott A. Frank' Subject: [RPPTL LandTen] Senate Bill 530 - We have just received a copy of the proposed revisions to the Condo/Coop/HOA sections of Florida Statutes submitted by Senator Fasano. Our committee has been asked to give input on certain landlord/tenant provisions, namely Section 718.116 (11) [and the similar provisions for Coop (719.108(10)) and HOA (720.3085(8)] dealing with payment by tenants of unpaid assessments. If you have any specific thoughts or comments on these particular proposed changes as they pertain to landlord/tenant issues and the payment of unpaid assessments for Condo/Coop/HOA, please let me and Scott Frank know as soon as you can. We have been given a very short window in which to comment before this goes back to committee and need comments today if possible. Neil 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 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.