Bill Text: FL S1466 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Residential Communities

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7037 (Ch. 2014-146) [S1466 Detail]

Download: Florida-2014-S1466-Introduced.html

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       Florida Senate - 2014                                    SB 1466
       
       
        
       By Senator Lee
       
       
       
       
       
       24-01084B-14                                          20141466__
    1                        A bill to be entitled                      
    2         An act relating to residential communities; amending
    3         s. 468.431, F.S.; revising the term “community
    4         association management”; amending s. 718.116, F.S.;
    5         authorizing a claim of lien on a condominium parcel to
    6         be in a specific form; authorizing a release of lien
    7         to be in a specific form; amending s. 719.108, F.S.;
    8         deleting a provision providing for the expiration of
    9         certain liens; revising notice requirements;
   10         authorizing a claim of lien on a cooperative parcel to
   11         be in a specific form; providing for the content of a
   12         recording notice; authorizing a release of lien to be
   13         in a specific form; amending s. 720.3085, F.S.;
   14         authorizing a claim of lien on a parcel within a
   15         homeowners’ association to be in a specific form;
   16         authorizing a release of lien to be in a specific
   17         form; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (2) of section 468.431, Florida
   22  Statutes, is amended to read:
   23         468.431 Definitions.—As used in this part:
   24         (2) “Community association management” means any of the
   25  following practices requiring substantial specialized knowledge,
   26  judgment, and managerial skill when done for remuneration and
   27  when the association or associations served contain more than 10
   28  units or have an annual budget or budgets in excess of $100,000:
   29  controlling or disbursing funds of a community association,
   30  preparing budgets or other financial documents for a community
   31  association, assisting in the noticing or conduct of community
   32  association meetings, determining the number of days required
   33  for statutory notices, determining amounts due to the
   34  association, collecting amounts due to the association before
   35  filing of a civil action, calculating the votes required for a
   36  quorum or to approve a proposition or amendment, completing
   37  forms related to the management of a community association that
   38  have been created by statute or by a state agency, drafting
   39  demand letters, pre lien letters, and letters of intended
   40  action, drafting meeting notices and agendas, calculating and
   41  preparing certificates of assessments, responding to requests
   42  for an estoppel letter, negotiating monetary or performance
   43  terms of a contract subject to approval by an association,
   44  drafting prearbitration demands, preparing statutory
   45  construction lien documents for association projects,
   46  coordinating or performing maintenance for real or personal
   47  property and other routine services involved in the operation of
   48  a community association, and complying with the association’s
   49  governing documents and the requirements of law as necessary to
   50  perform such practices and coordinating maintenance for the
   51  residential development and other day-to-day services involved
   52  with the operation of a community association. A person who
   53  performs clerical or ministerial functions under the direct
   54  supervision and control of a licensed manager or who is charged
   55  only with performing the maintenance of a community association
   56  and who does not assist in any of the management services
   57  described in this subsection is not required to be licensed
   58  under this part.
   59         Section 2. Subsection (5) of section 718.116, Florida
   60  Statutes, is amended to read:
   61         718.116 Assessments; liability; lien and priority;
   62  interest; collection.—
   63         (5)(a) The association has a lien on each condominium
   64  parcel to secure the payment of assessments. Except as otherwise
   65  provided in subsection (1) and as set forth below, the lien is
   66  effective from and shall relate back to the recording of the
   67  original declaration of condominium, or, in the case of lien on
   68  a parcel located in a phase condominium, the last to occur of
   69  the recording of the original declaration or amendment thereto
   70  creating the parcel. However, as to first mortgages of record,
   71  the lien is effective from and after recording of a claim of
   72  lien in the public records of the county in which the
   73  condominium parcel is located. Nothing in this subsection shall
   74  be construed to bestow upon any lien, mortgage, or certified
   75  judgment of record on April 1, 1992, including the lien for
   76  unpaid assessments created herein, a priority which, by law, the
   77  lien, mortgage, or judgment did not have before that date.
   78         (b) To be valid, A claim of lien may be in substantially
   79  the following form:
   80  
   81                            CLAIM OF LIEN                          
   82  
   83  Before me, the undersigned notary public, personally appeared
   84  ...(name)..., who was duly sworn and says that he/she is the
   85  authorized agent of the lienor, ...(name of association)...,
   86  whose address is ...(address)..., and that in accordance with
   87  the Condominium Act and the declaration of ...(name of
   88  association)..., a condominium, and the articles of
   89  incorporation and bylaws of the association, the association
   90  makes this claim of lien for ...(basis for claim of lien)...,
   91  for the following described real property:
   92  
   93         UNIT NO. .... OF ...(NAME OF CONDOMINIUM)..., A
   94         CONDOMINIUM AS SET FORTH IN THE DECLARATION OF
   95         CONDOMINIUM AND THE EXHIBITS ANNEXED THERETO AND
   96         FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS
   97         BOOK ...., PAGE ...., OF THE PUBLIC RECORDS OF ....
   98         COUNTY, FLORIDA. THE ABOVE DESCRIPTION INCLUDES, BUT
   99         IS NOT LIMITED TO, ALL APPURTENANCES TO THE
  100         CONDOMINIUM UNIT ABOVE DESCRIBED, INCLUDING THE
  101         UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF SAID
  102         CONDOMINIUM.
  103  
  104  upon which the association asserts this lien. The property is
  105  owned by ...(name of debtor)..., Debtor. There remains unpaid to
  106  the association, the sum of $..... This lien secures these
  107  amounts, as well as any unpaid assessments and monetary
  108  obligations, interest thereon, and costs of collection that may
  109  accrue in the future.
  110  
  111  ...(signature of witness)...	...(signature of authorized
  112  agent)...
  113  
  114  ...(signature of witness)...
  115  
  116  Sworn to ...(or affirmed)... and subscribed before me this ....
  117  day of ...., ...(year)..., by ...(name of person making
  118  statement)...
  119  ...(Signature of Notary Public)...
  120  ...(Print, type, or stamp commissioned name of Notary Public)...
  121  Personally Known.... OR Produced.... as identification.
  122  
  123  must state the description of the condominium parcel, the name
  124  of the record owner, the name and address of the association,
  125  the amount due, and the due dates. It must be executed and
  126  acknowledged by an officer or authorized agent of the
  127  association. The lien is not effective 1 year after the claim of
  128  lien was recorded unless, within that time, an action to enforce
  129  the lien is commenced. The 1-year period is automatically
  130  extended for any length of time during which the association is
  131  prevented from filing a foreclosure action by an automatic stay
  132  resulting from a bankruptcy petition filed by the parcel owner
  133  or any other person claiming an interest in the parcel. The
  134  claim of lien secures all unpaid assessments that are due and
  135  that may accrue after the claim of lien is recorded and through
  136  the entry of a final judgment, as well as interest and all
  137  reasonable costs and attorney’s fees incurred by the association
  138  incident to the collection process. Upon payment in full, the
  139  person making the payment is entitled to a satisfaction of the
  140  lien.
  141         (c) By recording a notice in substantially the following
  142  form, a unit owner or the unit owner’s agent or attorney may
  143  require the association to enforce a recorded claim of lien
  144  against his or her condominium parcel:
  145  
  146                      NOTICE OF CONTEST OF LIEN                    
  147  
  148         TO: ...(Name and address of association)... You are
  149  notified that the undersigned contests the claim of lien filed
  150  by you on ...., ...(year)..., and recorded in Official Records
  151  Book .... at Page ...., of the public records of .... County,
  152  Florida, and that the time within which you may file suit to
  153  enforce your lien is limited to 90 days from the date of service
  154  of this notice. Executed this .... day of ...., ...(year)....
  155  
  156  Signed: ...(Owner or Attorney)...
  157  
  158  After notice of contest of lien has been recorded, the clerk of
  159  the circuit court shall mail a copy of the recorded notice to
  160  the association by certified mail, return receipt requested, at
  161  the address shown in the claim of lien or most recent amendment
  162  to it and shall certify to the service on the face of the
  163  notice. Service is complete upon mailing. After service, the
  164  association has 90 days in which to file an action to enforce
  165  the lien; and, if the action is not filed within the 90-day
  166  period, the lien is void. However, the 90-day period shall be
  167  extended for any length of time during which the association is
  168  prevented from filing its action because of an automatic stay
  169  resulting from the filing of a bankruptcy petition by the unit
  170  owner or by any other person claiming an interest in the parcel.
  171         (d) A release of lien may be in substantially the following
  172  form:
  173  
  174                           RELEASE OF LIEN                         
  175  
  176  The undersigned lienor, in consideration of the final payment in
  177  the amount of $...., hereby waives and releases its lien and
  178  right to claim a lien for unpaid assessments through ....,
  179  ...(year)..., for the following described real property:
  180  
  181         UNIT NO. .... OF ...(NAME OF CONDOMINIUM)..., A
  182         CONDOMINIUM AS SET FORTH IN THE DECLARATION OF
  183         CONDOMINIUM AND THE EXHIBITS ANNEXED THERETO AND
  184         FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS
  185         BOOK ...., PAGE ...., OF THE PUBLIC RECORDS OF ....
  186         COUNTY, FLORIDA. THE ABOVE DESCRIPTION INCLUDES, BUT
  187         IS NOT LIMITED TO, ALL APPURTENANCES TO THE
  188         CONDOMINIUM UNIT ABOVE DESCRIBED, INCLUDING THE
  189         UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF SAID
  190         CONDOMINIUM.
  191  
  192  ...(signature of witness)...	...(signature of authorized
  193  agent)...
  194  
  195  ...(signature of witness)...
  196  
  197  Sworn to ...(or affirmed)... and subscribed before me this ....
  198  day of ...., ...(year)..., by ...(name of person making
  199  statement)....
  200  ...(Signature of Notary Public)...
  201  ...(Print, type, or stamp commissioned name of Notary Public)...
  202  Personally Known.... OR Produced.... as identification.
  203         Section 3. Subsection (4) of section 719.108, Florida
  204  Statutes, is amended to read:
  205         719.108 Rents and assessments; liability; lien and
  206  priority; interest; collection; cooperative ownership.—
  207         (4) The association has a lien on each cooperative parcel
  208  for any unpaid rents and assessments, plus interest, and any
  209  authorized administrative late fees. If authorized by the
  210  cooperative documents, the lien also secures reasonable
  211  attorney’s fees incurred by the association incident to the
  212  collection of the rents and assessments or enforcement of such
  213  lien. The lien is effective from and after recording a claim of
  214  lien in the public records in the county in which the
  215  cooperative parcel is located which states the description of
  216  the cooperative parcel, the name of the unit owner, the amount
  217  due, and the due dates. The lien expires if a claim of lien is
  218  not filed within 1 year after the date the assessment was due,
  219  and the lien does not continue for longer than 1 year after the
  220  claim of lien has been recorded unless, within that time, an
  221  action to enforce the lien is commenced. Except as otherwise
  222  provided in this chapter, a lien may not be filed by the
  223  association against a cooperative parcel until 30 days after the
  224  date on which a notice of intent to file a lien has been
  225  delivered to the owner.
  226         (a) The notice must be sent to the unit owner at the
  227  address of the unit by first-class United States mail and:
  228         1. If the most recent address of the unit owner on the
  229  records of the association is the address of the unit, the
  230  notice must be sent by registered or certified mail, return
  231  receipt requested, to the unit owner at the address of the unit.
  232         2. If the most recent address of the unit owner on the
  233  records of the association is in the United States, but is not
  234  the address of the unit, the notice must be sent by registered
  235  or certified mail, return receipt requested, to the unit owner
  236  at his or her most recent address.
  237         3. If the most recent address of the unit owner on the
  238  records of the association is not in the United States, the
  239  notice must be sent by first-class United States mail to the
  240  unit owner at his or her most recent address.
  241         (b) 
  242  A notice that is sent pursuant to this paragraph subsection is
  243  deemed delivered upon mailing.
  244         (b) A claim of lien may be in substantially the following
  245  form:
  246  
  247                            CLAIM OF LIEN                          
  248  
  249  Before me, the undersigned notary public, personally appeared
  250  ...(name)... who was duly sworn and says that he/she is the
  251  authorized agent of the lienor, ...(name of association)...,
  252  whose address is ...(address)..., and that in accordance with
  253  the Cooperative Act and the cooperative documents of ...(name of
  254  association)..., a cooperative, and the articles of
  255  incorporation and bylaws of the association, the association
  256  makes this claim of lien for ...(basis for claim of lien)...,
  257  for the following described real property:
  258  
  259         UNIT NO. .... OF ...(NAME OF COOPERATIVE)... , A
  260         COOPERATIVE AS SET FORTH IN THE COOPERATIVE DOCUMENTS
  261         AND THE EXHIBITS ANNEXED THERETO AND FORMING A PART
  262         THEREOF, RECORDED IN OFFICIAL RECORDS BOOK ...., PAGE
  263         ...., OF THE PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  264         THE ABOVE DESCRIPTION INCLUDES, BUT IS NOT LIMITED TO,
  265         ALL APPURTENANCES TO THE COOPERATIVE UNIT ABOVE
  266         DESCRIBED, INCLUDING THE UNDIVIDED INTEREST IN THE
  267         COMMON ELEMENTS OF SAID COOPERATIVE.
  268  
  269  Upon which the association asserts this lien. The property is
  270  owned by ...(name of debtor)..., Debtor. There remains unpaid to
  271  the association, the sum of $..... This lien secures these
  272  amounts, as well as any unpaid rents, assessments, and monetary
  273  obligations, interest thereon, and costs of collection that may
  274  accrue in the future.
  275  
  276  ...(signature of witness)...	...(signature of authorized
  277  agent)...
  278  
  279  ...(signature of witness)...
  280  
  281  Sworn to ...(or affirmed)... and subscribed before me this ....
  282  day of ...., ...(year)..., by ...(name of person making
  283  statement)....
  284  ...(Signature of Notary Public)...
  285  ...(Print, type, or stamp commissioned name of Notary Public)...
  286  Personally Known.... OR Produced.... as identification.
  287  
  288  The claim must be executed and acknowledged by an officer or
  289  authorized agent of the association. The lien is not effective 1
  290  year after the claim of lien was recorded unless, within that
  291  time, an action to enforce the lien is commenced. The 1-year
  292  period is automatically extended for any length of time during
  293  which the association is prevented from filing a foreclosure
  294  action by an automatic stay resulting from a bankruptcy petition
  295  filed by the parcel owner or any other person claiming an
  296  interest in the parcel. The claim of lien secures all unpaid
  297  rents and assessments that are due and that may accrue after the
  298  claim of lien is recorded and through the entry of a final
  299  judgment, as well as interest and all reasonable costs and
  300  attorney’s fees incurred by the association incident to the
  301  collection process. Upon payment in full, the person making the
  302  payment is entitled to a satisfaction of the lien.
  303         (c) By recording a notice in substantially the following
  304  form, a unit owner or the unit owner’s agent or attorney may
  305  require the association to enforce a recorded claim of lien
  306  against his or her cooperative parcel:
  307  
  308                      NOTICE OF CONTEST OF LIEN                    
  309  
  310         TO: ...(Name and address of association)... You are
  311  notified that the undersigned contests the claim of lien filed
  312  by you on ...., ...(year)..., and recorded in Official Records
  313  Book .... at Page ...., of the public records of .... County,
  314  Florida, and that the time within which you may file suit to
  315  enforce your lien is limited to 90 days from the date of service
  316  of this notice. Executed this .... day of ...., ...(year)....
  317  Signed: ...(Owner or Attorney)...
  318  
  319  After notice of contest of lien has been recorded, the clerk of
  320  the circuit court shall mail a copy of the recorded notice to
  321  the association by certified mail, return receipt requested, at
  322  the address shown in the claim of lien or most recent amendment
  323  to it and shall certify to the service on the face of the
  324  notice. Service is complete upon mailing. After service, the
  325  association has 90 days in which to file an action to enforce
  326  the lien; and, if the action is not filed within the 90-day
  327  period, the lien is void. However, the 90-day period shall be
  328  extended for any length of time during which the association is
  329  prevented from filing its action because of an automatic stay
  330  resulting from the filing of a bankruptcy petition by the unit
  331  owner or by any other person claiming an interest in the parcel.
  332         (d) A release of lien may be in substantially the following
  333  form:
  334  
  335                           RELEASE OF LIEN                         
  336  
  337  The undersigned lienor, in consideration of the final payment in
  338  the amount of $...., hereby waives and releases its lien and
  339  right to claim a lien for unpaid assessments through ....,
  340  ...(year)..., for the following described real property:
  341  
  342         UNIT NO. .... OF ...(NAME OF COOPERATIVE)..., A
  343         COOPERATIVE AS SET FORTH IN THE COOPERATIVE DOCUMENTS
  344         AND THE EXHIBITS ANNEXED THERETO AND FORMING A PART
  345         THEREOF, RECORDED IN OFFICIAL RECORDS BOOK ...., PAGE
  346         ...., OF THE PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  347         THE ABOVE DESCRIPTION INCLUDES, BUT IS NOT LIMITED TO,
  348         ALL APPURTENANCES TO THE COOPERATIVE UNIT ABOVE
  349         DESCRIBED, INCLUDING THE UNDIVIDED INTEREST IN THE
  350         COMMON ELEMENTS OF SAID COOPERATIVE.
  351  
  352  ...(signature of witness)...	...(signature of authorized
  353  agent...)
  354  
  355  ...(signature of witness)...
  356  
  357  Sworn to ...(or affirmed)... and subscribed before me this ....
  358  day of ...., ...(year)..., by ...(name of person making
  359  statement)....
  360  ...(Signature of Notary Public)...
  361  ...(Print, type, or stamp commissioned name of Notary Public)...
  362  Personally Known.... OR Produced.... as identification.
  363         Section 4. Subsection (1) of section 720.3085, Florida
  364  Statutes, is amended to read:
  365         720.3085 Payment for assessments; lien claims.—
  366         (1) When authorized by the governing documents, the
  367  association has a lien on each parcel to secure the payment of
  368  assessments and other amounts provided for by this section.
  369  Except as otherwise set forth in this section, the lien is
  370  effective from and shall relate back to the date on which the
  371  original declaration of the community was recorded. However, as
  372  to first mortgages of record, the lien is effective from and
  373  after recording of a claim of lien in the public records of the
  374  county in which the parcel is located. This subsection does not
  375  bestow upon any lien, mortgage, or certified judgment of record
  376  on July 1, 2008, including the lien for unpaid assessments
  377  created in this section, a priority that, by law, the lien,
  378  mortgage, or judgment did not have before July 1, 2008.
  379         (a) To be valid, A claim of lien may be in substantially
  380  the following form:
  381  
  382                            CLAIM OF LIEN                          
  383  
  384  Before me, the undersigned notary public, personally appeared
  385  ...(name)... who was duly sworn and says that he/she is the
  386  authorized agent of the lienor, ...(name of association)...,
  387  whose address is ...(address)..., and that in accordance with
  388  the Florida Statutes and the homeowners’ association documents
  389  of ...(name of association)..., a homeowners’ association, and
  390  the articles of incorporation and bylaws of the association, the
  391  association makes this claim of lien for ...(basis for claim of
  392  lien)..., for the following described real property:
  393  
  394         (PARCEL NO. .... OR LOT AND BLOCK)_ OF ...(NAME OF
  395         HOMEOWNERS’ ASSOCIATION)..., A HOMEOWNERS’ ASSOCIATION
  396         AS SET FORTH IN THE HOMEOWNERS’ ASSOCIATION DOCUMENTS
  397         AND THE EXHIBITS ANNEXED THERETO AND FORMING A PART
  398         THEREOF, RECORDED IN OFFICIAL RECORDS BOOK ...., PAGE
  399         ...., OF THE PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  400  
  401         ...(or insert appropriate metes and bounds description
  402         here)...
  403  
  404  upon which the association asserts this lien. The property is
  405  owned by ...(name of debtor)..., Debtor. There remains unpaid to
  406  the association, the sum of $..... This lien secures these
  407  amounts, as well as any unpaid assessments and monetary
  408  obligations, interest thereon, and costs of collection that may
  409  accrue in the future.
  410  
  411  ...(Signature of witness)...	...(Signature of authorized
  412  agent)...
  413  
  414  ...(Signature of witness)...
  415  
  416  Sworn to ...(or affirmed)... and subscribed before me this ....
  417  day of ...., ...(year)..., by ...(name of person making
  418  statement)....
  419  ...(Signature of Notary Public)...
  420  ......(Print, type, or stamp commissioned name of Notary
  421  Public)...
  422  Personally Known.... OR Produced.... as identification.
  423  
  424  must state the description of the parcel, the name of the record
  425  owner, the name and address of the association, the assessment
  426  amount due, and the due date. The claim of lien secures all
  427  unpaid assessments that are due and that may accrue subsequent
  428  to the recording of the claim of lien and before entry of a
  429  certificate of title, as well as interest, late charges, and
  430  reasonable costs and attorney’s fees incurred by the association
  431  incident to the collection process. The person making payment is
  432  entitled to a satisfaction of the lien upon payment in full.
  433         (b) By recording a notice in substantially the following
  434  form, a parcel owner or the parcel owner’s agent or attorney may
  435  require the association to enforce a recorded claim of lien
  436  against his or her parcel:
  437                      NOTICE OF CONTEST OF LIEN                    
  438  TO: ...(Name and address of association)...
  439  You are notified that the undersigned contests the claim of lien
  440  filed by you on ...., ...(year)..., and recorded in Official
  441  Records Book .... at page ...., of the public records of ....
  442  County, Florida, and that the time within which you may file
  443  suit to enforce your lien is limited to 90 days following the
  444  date of service of this notice. Executed this .... day of ....,
  445  ...(year)....
  446  Signed: ...(Owner or Attorney)...
  447  After the notice of a contest of lien has been recorded, the
  448  clerk of the circuit court shall mail a copy of the recorded
  449  notice to the association by certified mail, return receipt
  450  requested, at the address shown in the claim of lien or the most
  451  recent amendment to it and shall certify to the service on the
  452  face of the notice. Service is complete upon mailing. After
  453  service, the association has 90 days in which to file an action
  454  to enforce the lien and, if the action is not filed within the
  455  90-day period, the lien is void. However, the 90-day period
  456  shall be extended for any length of time that the association is
  457  prevented from filing its action because of an automatic stay
  458  resulting from the filing of a bankruptcy petition by the parcel
  459  owner or by any other person claiming an interest in the parcel.
  460         (c) The association may bring an action in its name to
  461  foreclose a lien for assessments in the same manner in which a
  462  mortgage of real property is foreclosed and may also bring an
  463  action to recover a money judgment for the unpaid assessments
  464  without waiving any claim of lien. The association is entitled
  465  to recover its reasonable attorney’s fees incurred in an action
  466  to foreclose a lien or an action to recover a money judgment for
  467  unpaid assessments.
  468         (d) A release of lien may be in substantially the following
  469  form:
  470  
  471                           RELEASE OF LIEN                         
  472  
  473  The undersigned lienor, in consideration of the final payment in
  474  the amount of $...., hereby waives and releases its lien and
  475  right to claim a lien for unpaid assessments through ....,
  476  ...(year)..., for the following described real property:
  477  
  478         (PARCEL NO. .... OR LOT AND BLOCK) OF ...(NAME OF
  479         HOMEOWNERS’ ASSOCIATION)..., A HOMEOWNERS’ ASSOCIATION
  480         AS SET FORTH IN THE HOMEOWNERS’ ASSOCIATION DOCUMENTS
  481         AND THE EXHIBITS ANNEXED THERETO AND FORMING A PART
  482         THEREOF, RECORDED IN OFFICIAL RECORDS BOOK ...., PAGE
  483         ...., OF THE PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  484  
  485         ...(or insert appropriate metes and bounds description
  486         here)...
  487  
  488  ...(Signature of witness)...	...(Signature of authorized
  489  agent)...
  490  
  491  ...(Signature of witness)...
  492  
  493  Sworn to ...(or affirmed)... and subscribed before me this ....
  494  day of ...., ...(year)..., by ...(name of person making
  495  statement)....
  496  ...(Signature of Notary Public)...
  497  ...(Print, type, or stamp commissioned name of Notary Public)...
  498  Personally Known.... OR Produced.... as identification.
  499  
  500         (e)(d) If the parcel owner remains in possession of the
  501  parcel after a foreclosure judgment has been entered, the court
  502  may require the parcel owner to pay a reasonable rent for the
  503  parcel. If the parcel is rented or leased during the pendency of
  504  the foreclosure action, the association is entitled to the
  505  appointment of a receiver to collect the rent. The expenses of
  506  the receiver must be paid by the party who does not prevail in
  507  the foreclosure action.
  508         (f)(e) The association may purchase the parcel at the
  509  foreclosure sale and hold, lease, mortgage, or convey the
  510  parcel.
  511         Section 5. This act shall take effect July 1, 2014.