Senate Bill 1196 has been signed by the governor and will go into effect July 1, 2010. The bill contains a wide range of changes to community association laws. This reform bill has many very positive changes for community associations but unfortunately does not provide the desired assistance to delinquency/foreclosure problems. Although the number of past due assessment months a foreclosing bank or mortgage company must pay to a condominium association upon taking title was raised to twelve months, the alternative 1% of the original mortgage remained the same. Since in most foreclosures the 1% was already less than the six months assessments, the increase to twelve months will only help in a very few number of cases. By Statute the mortgage holder only pays the association the lower of the 1% or twelve months. Homeowner associations were already at 12 months.
Attorney Donna Burger was one of those who worked hard to secure passage of SB 1196 and she did a very good job watching out for community association interests. Her Fort Lauderdale law firm prepared an excellent review of Senate Bill 1196. You may see it by clicking here: Guidebook to Senate Bill 1196