Can someone explain to me how to get on this list? I am an RPPTL member and have plenty to say about this monstrosity of a statute! _________ Brian M. Rowland Brian Rowland, P.A. P.O. Box 56047 Jacksonville, FL 32241 Licensed: Florida and Georgia _________ NEW TELEPHONE: (904) 352-1945 (ofc) (866) 709-1748 (fax) www.BrianRowland.com _________ > > From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver > Sent: Friday, July 09, 2010 12:59 PM > To: 'RPPTL Landlord Tenant Committee' > Subject: Re: [RPPTL LandTen] The new condo law > > Harry, > > The legal services Housing Umbrella Group tried to fix some of the problems in the bill, but our advice was not taken. The law is great for associations, but basically destroys a tenant’s right to withhold rent. Not to mention, some of the provisions are simply confusing, and there’s no statutory demand language as with Chapter 83. > > I fear that the law will lead to unnecessary litigation and avoidable evictions. Hopefully the legislature will re-visit this next session. > > 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 harry@evict.com > Sent: Friday, July 09, 2010 12:43 PM > To: landten@lists.flabarrpptl.org > Subject: [RPPTL LandTen] The new condo law > > Hi All, > > We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess. > > The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it. > > What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law? > > Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop. > > Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA. > > Here is my sample form. > > 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 > 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. > > > > <ATT00001..txt>

Brian, you need to be a member of our committee for regular use of the listserve and I can help with that. If you want to make comments in the meanwhile on this statute we can send your emails through. [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: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Brian Rowland Sent: Monday, July 12, 2010 1:07 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL LandTen] The new condo law Can someone explain to me how to get on this list? I am an RPPTL member and have plenty to say about this monstrosity of a statute! _________ Brian M. Rowland Brian Rowland, P.A. P.O. Box 56047 Jacksonville, FL 32241 Licensed: Florida and Georgia<http://www.BrianRowland.com> _________ NEW TELEPHONE: (904) 352-1945 (ofc) (866) 709-1748 (fax) www.BrianRowland.com<http://www.BrianRowland.com> _________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver Sent: Friday, July 09, 2010 12:59 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] The new condo law Harry, The legal services Housing Umbrella Group tried to fix some of the problems in the bill, but our advice was not taken. The law is great for associations, but basically destroys a tenant's right to withhold rent. Not to mention, some of the provisions are simply confusing, and there's no statutory demand language as with Chapter 83. I fear that the law will lead to unnecessary litigation and avoidable evictions. Hopefully the legislature will re-visit this next session. 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> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com<mailto:harry@evict.com> Sent: Friday, July 09, 2010 12:43 PM To: landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] The new condo law Hi All, We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess. The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it. What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law? Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop. Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA. Here is my sample form. 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<mailto: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. <ATT00001..txt> </pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law. If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential. If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited. If you have<br>received this email in error, please notify the sender by<br>email reply. Thank you.<br><pre>