MIAMI-When the Distressed Condominium Relief Act went into action in July 2010, it helped to protect bulk buyers from the guarantees and financial burdens of developers. The law sparked bulk condo sales--but it also left the door open for glitches.
Enter the so-called glitch bill. Florida Governor Rick Scott signed HB 1195 into law, effective July 1, 2011. The law aims to clarify ambiguities the DCRA left.
“Since the Distressed Condominium Relief Act’s passage almost a year ago, our region has seen a rash of bulk buy purchases that have helped absorb surplus inventory and move the market into recovery faster,” Mark Grant, co-author of both bills and shareholder of Ruden McClosky, tells GlobeSt.com. “This ‘glitch bill’ will go even further to support improved market conditions by eliminating any ambiguities that remained in the law.”
Specifically, the new law clearly defines a bulk buyer as one who purchases more than seven units in a single building and makes it clear that a bank foreclosing on a property won’t inherit the developer’s liabilities, among other issues.
The new law gives developers a possible new exit strategy for some existing condominiums with available inventory, says Dan Bachrach, a partner with Foley & Lardner’s Orlando office and a member of the Real Estate Practice and the Hospitality, Resort & Golf Industry Team. Bachrach explains that owners of units in a condominium project with available inventory may have the option of seeking a partial termination of the condominium documents as to certain units.
“Once the condominium is terminated in those units, the owner of the units could then create a separate timeshare condominium regime through a new set of condominium documents specifically applicable to only those units,” Bachrach tells GlobeSt.com. “In other words, a developer could terminate the condominium as to a group of units from the condominium with an 80% vote of the unit owners--as opposed to a 100% vote plus approval from all of the mortgage holders--then would be free to subject the units to a separate condominium regime, one that allows timeshare plans.”
Grant says the only drawback to the bill is that it is set to sunset in 2012. He and others are working to lobby for its extension and possibly even its permanent incorporation into Florida's Condominium Law. Grant believes doing so will help better protect Florida's cyclical real estate market.
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