Miami-Dade Legislative Item
File Number: 090185
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File Number: 090185 File Type: Resolution Status: Adopted
Version: 0 Reference: R-138-09 Control: Board of County Commissioners
File Name: BANKS RECEIVING BAILOUT FUNDS TO PAY HOMEOWNERS Introduced: 1/27/2009
Requester: NONE Cost: Final Action: 2/17/2009
Agenda Date: 2/17/2009 Agenda Item Number: 11A23
Notes: Title: RESOLUTION URGING THE U.S. CONGRESS AND THE FLORIDA LEGISLATURE TO REQUIRE BANKS RECEIVING BAILOUT FUNDS TO PAY HOMEOWNERS’ ASSOCIATION DUES WHERE APPLICABLE ON FORECLOSED HOMES
Indexes: URGING
Sponsors: Joe A. Martinez, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/17/2009 11A23 Adopted P

County Manager 2/13/2009 Additions 2/17/2009

Government Operations Committee 2/13/2009 2K Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: Assistant County Attorney Henry Gillman read the foregoing proposed resolution into the record. Pursuant to Commissioner Martinez' request for a waiver, Chairman Gimenez asked staff to prepare the appropriate memorandum requesting that the Board of County Commissioners' Chairman Dennis C. Moss waive the Board's Rules and Procedures to allow this proposed resolution to be heard at the February 17, 2009 Board meeting. Hearing no further comments or questions, the Committee voted on the foregoing proposed resolution as presented.

County Attorney 1/29/2009 Referred Government Operations Committee 2/13/2009

County Attorney 1/27/2009 Assigned Jess M. McCarty 1/28/2009

Legislative Text


TITLE
RESOLUTION URGING THE U.S. CONGRESS AND THE FLORIDA LEGISLATURE TO REQUIRE BANKS RECEIVING BAILOUT FUNDS TO PAY HOMEOWNERS’ ASSOCIATION DUES WHERE APPLICABLE ON FORECLOSED HOMES

BODY

WHEREAS, as foreclosures have increased across the nation and particularly in Florida, homeowners’ association dues are going unpaid, placing a greater burden on remaining homeowners in homeowners’ associations; and
WHEREAS, an April, 2008 survey of community associations found that 51 percent reported a decline in the collection of maintenance fees and other assessments due to foreclosures; and
WHEREAS, the 2008 Florida Community Association Mortgage Foreclosure Survey found that:
• Almost 60 percent of community associations reported that mortgage lenders who have foreclosed on units or homes are not currently paying monthly maintenance fees and/or other assessments as required by law;
• Four out of every 10 respondents reported units or homes left vacant for six months or more, with one in five such units being uninhabited for a year or more;
• 66 percent said their associations intend to increase maintenance fees or special assessments to compensate for anticipated shortfalls due to declining collections from foreclosures; and

WHEREAS, the federal government has given billions of dollars to banks through bailout programs to shore up the U.S. economy; and
WHEREAS, banks that have received federal assistance should be required to pay homeowners’ association dues on homes on which these banks have foreclosed; and
WHEREAS, current Florida law requires lenders in foreclosures to pay 12 months of accrued homeowners association dues or one percent (1%) of the original debt, whichever is less; and
WHEREAS, this Florida law does not appear to be effective at keeping foreclosed homes current on association dues under the current mortgage crisis, leaving what is in some cases a substantial and unfair burden on remaining homeowners to cover association expenses,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the U.S. Congress to require banks receiving bailout funds to pay the homeowner’s association fees on foreclosed homes.
Section 2. Urges the Florida Legislature to strengthen and better enforce state laws requiring lenders to pay homeowners’ association fees on homes going through foreclosure.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the members of the Florida Congressional Delegation, the Governor of Florida, the President of the Florida Senate, the Speaker of the Florida House of Representatives, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County's federal and state lobbyists to advocate for the passage of the legislation set forth in Sections 1 and 2 above, and directs the Office of Intergovernmental Affairs to include this item in the 2009 Federal and State Legislative Packages.



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