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A handful of real estate bills enacted by the 2000
Florida Legislature went into effect Oct. 1, 2000.
Among the new laws are real estate related
issues that cover pool safety and condominium unit unpaid
assessments. Here's a recap:
• Pool
Safety (SB 86) This requires new residential swimming pools, hot tubs
and non-portable spas to be equipped with at least one of
the following: a pool barrier; an exit alarm on all doors
and windows with pool access; an approved safety cover; or
self‑closing and self-latching doors with pool
access.
Pools that do not have one of these safety
devices will not pass final inspection nor will they
receive a certificate of completion. Cost to pool buyers
will range from $50 for the least expensive alarm to
$5,000 for the most expensive safety device.
The legislation also requires pool
contractors and builders of new homes equipped with pools
to provide buyers with a notice that outlines the
requirements of the law, advice on how to prevent a
drowning and the responsibilities of pool owners for
making their pool safe.
The law does not apply to existing pools,
however, of which there are an estimated one million in
the state.
•
Condominium Unit
Unpaid Assessments (CSISSB 680)
This Legislation clarifies that a third party
purchaser will still be jointly and civilly liable with
the previous owner for any unpaid assessments. A first
mortgagee, which joined the condominium association as
a defendant in the foreclosure action, will be accountable
for only up to 1 percent of the original mortgage debt for
any unpaid assessments. The 1 percent limitation will also
be applied to a subsequent holder of the mortgage.
Lead
Based Paint
Disclosure
The U.S. Department of Housing and Urban Development (HUD)
has issued additional information about the requirements
for leadbased paint hazard notification, evaluation and
reduction in federally owned residential properties and
housing receiving federal assistance.
In response to a request by the National
Association of REALTORS (NAR)
to review contracts used in California, the two agencies
included the clarifications in a guidance document,
suggesting they intend for the principles to apply beyond
California, NAR analysts say.
The first concerns the timing of the
disclosure of a potential hazard. The agencies say that
disclosure may be made after the contract is accepted as
long as the buyer retains an unconditional right to
terminate the contract without penalty for three days
after receipt of the disclosure.
The agencies also reaffirmed that buyers must
be given the opportunity to have 10 days to complete a
lead inspection. The inspection period can be modified by
mutual agreement.
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