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Home My WebLink AboutR-79-0479"SUPPORTIVE DOCU M ERI S FOLLOW" RESOLUTION NO'. 79'479 A'RESOLUTION URGING THE. UNITED•STATES• CONGRESS TO ENACT -"THE CONDOMINUM ACT OF! 1979'�," ALSO 'REFERRED. TO AS S.612'AND H.R,2792,"ENTITLED "A BILL -TO ENCOURAGE, BROADER. UTILIZATION' OF THE" CONDOMINIMUM 'FORM _OF HOMEOWNERSHIP,'TO"PROVIDE MINIMUM.NATIONAL STANDARDS; FOR' DISCLOSURE AND . CONSUMER PRO"T'ECTION FOR CONDOMINIMUM"PURCHASERS , AND;OWNERS AND TENANTS IN CONDOMINIMUM CONVER- "SIO,NS"TO ENCOURAGE',TO ESTABLISH,SIMILAR' STANDARDS, TO'"CORRECT,' ABUSIVE USE OF.LONG-TERM. LEASING, OF RECREATION AND:, OTHER` CONDOMINIUM. RELATED FACILITIES,"AND.FOR OTHER PURPOSES";.." AND DIRECTING THE CITY CLERK TO FORWARD' COPIES'OF ',THE ,HEREIN RESOLUTION TO THE HONORABLE ROBERTBYRD,• 'MAJORITY LEADER, UNITED STATES`SENATE, AND TO THE" HONORABLE THOMAS_SPEAKER, _UNIT-ED.ST"AYES„" HOUSE OF. REPRESENTATIVES .TO EACH MEMBER OF THE FLORIDA CONGRESSIONAL DELEGATION. WHEREAS, 1975 the Florida Legislature outlawed escalator clauses in condominium leases; and WHEREAS,' the Florida Supreme Court has upheld recrea- tion leases containing escalator clauses whichtook effect prior to June, 1975; and WHEREAS, for: the last several years the Governorand the Attorney General of Florid Florida have attempted thousands o scionable 1975; and as well asthe "Legislature o :alleviate the problems of the hundreds condominium unit owners suffering from uncon- long-term recreational leases entertdOCIkr Elfo INDLX ITEM NO. ' I WHEREAS, several remedial State statutes have been declared unconstitutional pectively, victimized; and WHEREAS, purchasers 'o the or were found to only operate pros - thereby giving no relief to 'those owners already the answer the problems of the pre-1975', condominium units lies in "legislation pending?i' United. States Congress; and;:. Senators WHEREAS, The Condominium Act 1979, sponsored by Chiles and Stone, and by Congressmen Fascell, Lehman, Pepper and Stack, has been studied by the U.S. Attorney General's Office and has been found to be proper even though it grants retroactive relief to the victims of the aforesaid "`abuses;: ■IuIi•wiIII! ' 79-479 other condominium -related facilities, NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 0 THE CITY OF`MIAMI, FLORIDA: Section 1. The UnitedStates Congress .is hereby urged to enact The Condominium 'Act ':of1979", also referred to as S.612 and H.R.2792, entitled "A BILL To encourage broader utilization of the condominium form of homeownership,' minimum national standards for disclosure and consumer and tenants in'`condominium for condominium purchasers and owners conversions, to encourage States to to provide protection establish similar standards correct abusive use of long-term leasing ,of recreation and and for other purposes" Section 2. The City Clerk is hereby directed to send copies of the herein resolution to'the Honorable Robert Byrd, States Senate, and to the, Honorable Majority Leader, United Thomas O'Neill, Speaker, United States House of Representatives, and to each member of the Florida Congressional Delegation. PASSED AND ADOPTED this llth day o f July , 1979 Maurice A. Ferre RALPH G.-ONGIE, CITY CLERK PREPARED AND APPROVED BY: 142 `0' ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVE AS TO FORM AND CORRECTNESS:; G'RGEjF. KNOX, CITY A TORNEY M A`Y 0 R "SUPPORTIVE' 79-479 TO; THE HONORABLE MEMBERS OF THE CITY COMMISSION FROM! RALPH G. ONGIE City Clerk By: CITY OF MIAMI, FLORIDA INTER•OFFICE MEMORANDUM SUBJECT: Letter frotn Senator Lawton. Chiles. REFERENCES: ENCLOSURES:_: Deputy Clerk On July 26, 1979, and as :requested the City Commission, City Commis- sion forwardedResolution No. 79-479 passed and adopted by the sion at its meeting of July 11, 1979, to each member noftthe rFlorida idase, Congressional Delegation. Enclosed herein please which has just been received. Ilt •teb-Slates Zonate WASHINGTON4 D.C. 20510 October 14, 1980 Sylvia.M. Mendoza Deputy City, `Clerk City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Sylvia: I wanted to couch base with you once:. again concerning our efforts.- on the Federal level to address and hopefully , resolve the_ problems associated with rising. -monthly payments ;on 'condominium and coonerative project facilities.- As I think, you may 'be aware, the Congress recently completed action on the housing bill .which has now been signed into law by the President. This law includes Provisions which 'directly impact condominium .and cooperative` owners in Florida who signed leases prior to 1975. You will recall that the Senate passed housing legislation, S. 2719, in June which offered relief to many unit owners by imposing a freeze on automatic rent increase clauses in certain abusive leases. The Senate bill also included provisions to allow unit owners to `go into Federal Court to ` challenge these leases. The bill setforth conditions under which leases would be found unconscionable, and then the Federal Judiciary would have the power to revise the terms of unconscionable leases. We were all pleased that the Senate recognized the serious problems surrounding the use of these types of leasing arrangements. I believe the Senate bill represented a workable approach to eliminate the distressing situation in our State. Page Nonetheless, the House conferees did agree to give victims of unfair leasing arrangements theirday in rederal Court: Thls is, on its own, an important accomplishment. The possibilitY 0 relief throu4h judicial determination of unconscionability is now which the State of Florida banned such long-term, escalating was not everything we had hoped for, the new law will provide a available to those who entered into leases prior to the date on arrangements. While I'm disappointed that the final end -Product of our efforts measure of relief through court. aCtion fors those burdened hY escalating monthly payments under unconscionable leases. In this regard, we have taken one step forward in'atteMpting to resolve the problems of several hundred thousand Florida condominium and cooperative owners. Most ncerely, LC/lg 1 • • f 'itnUeb -Slates -.Senate WASHINGTON. D.C. 20510 August Ms. Sylvia-1'1. Mendoza Deputy ` City Clerk City of Miami City Hall 3500 Pan American Drive Miami,: Florida 33133 ar Ms. Mendoza: Thank you for your kind response tomy efforts in the Senate to enact legislation designed toeliminatethe abuses associated with condominium ownership. The Condominium Act is a c mrehive b.111that willn re- ll require careful consideration yCongress.g ferred to_the eSenate .Housing Subcommittee, which held ,ahas earinn onthe bill on�:�henHouse:o nRepresentatidentical ives, andill, . their ,Subcommit- ntroroauced in the:H tee on Housing held hearings on the bill on March 28, 1979. I appreciate having your thoughtful views and constructive suggestions on the Condominium Act. hetionll assist the greatlyndomiuin my efforts. to help: provide a fair resoluconflicts in our state. 6.: 1979.; Most Cordial , Richard (Dick) Stone United States Senator o n -17 i?! M C1 rpe L J rn ?• x. , m -ri _ tri C•..J f W mJ • vo tF_Nlr.✓;^ A;`UD JM George Knox, Esq. City Attorney r-t:oM Mayor Maurice A. Ferre s*'LL June 13, 1979 Attached please find a self-explanatory letter from Mr,. Harvey B. Ehrlich, Chairman, Legislative Action Committee of the Condominium -Co -Op Executives, Council of Florida. Would you please prepare a Resolution to be considered at the next City Commission meeting endorsing this legislation. MAF/mgm Attachment' .•,':S.:(JPPORTIVE -C OCUME TS Condominium - Co-L01 xLcutivEs Councl of 9Co%ida, �nc. • rit. 1`uuds duix,, ?(oiitaia 39 3r4 • 09.606 Cheirrun.ofBoard DAVIO G. STEW.. -.President SIDNEY P. NERZIG 1st Vice-Pres Exec. Director • GERARD STEVENS. 2nd Vice Pres (LEE) HARITON 3rd Vice Pres STD POLLY 4th Vice Pres ROBERT SLUTZKY Secretary WILLIAM SOTWINIK Treasurer MIKE ERLANGER Gen@ra'l, and 'the For the.past five years, the Governor, the Attorney Legislature:of.Florida have attempted to alleviate the -problems of, the hundreds of thousands of condominium unit owners suffering from. long-term recreation leases. Hon. Maurice Ferre Mayor City of Miami April 24,' 1979 Several remedial State statutes have been declared unconstitutional or ruled to operate prospectively only, thus giving no relief to those already victimized. Now, the newspapers report that the counsel to the U. S. Treasury De- partment is taking steps to deny income tax exemption on recreation district bonds. Counsel stated, according to the Miami Herald of March 29, 1979 (3 Broward) that the Treasury Department will decide whether municipal bonds floated to buy recreation leases deserve tax exempt status, and plans to eliminate this kind of financing. The answer to the problems of the pre-1975 purchasers of condominium units, lies in the legislation pending in the Congress. The Condomini- um Act of 1979, S.612 and H.R.2792, sponsored by Senators Chiles and Stone, and by Congressmen Fascell, Lehman, Pepper and Stack, has been studied by the U. S. Attorney General's office and found to be proper, even though it grants retroactive relief to the victims of abuses of self -dealing. We respectfully request your support and that ;you body on which you serve:to call upon the Congress miniutn Act. urge the legislative to enact the Condo - We would appreciate some copies of your remarks, and of any action taken thereon.< Respectfully, 'SUPPORTIVE ,/ DOCUMENTS Iarvey . Ehrlich, FO L Lv V1f: Chairman, Legislative Action Committee 9 479>> WILLIAM LEHMAN INN DIsrRICT, FLORIDA COMMITTEEI APPROPRIATIONS EUEEOMMITTEE ON FOREIGN OPERATIONS SUUCOMMITTEE ON TRANSPORTATION 4Congrecio of the �n�'ttb Mateo *NU oilgtn atibeil Ellavbington, 2Cip525 Ms. Sylvia M. Mendoza Deputy City Clerk City Hall 3500 Pan American Drive. Miami, Florida 33133 July 30, Ralph G. Ongie City Clerk City of Mlarnl. Fla. 1979 WAt111 ISTON arms, t410 NAMARA Mans Orrme BUILDING WAIININGTDN. D.C. SANS (tot) SSS-4S11 DISTRICT OFFICEI 2020 NE. 102D 51TREET NORTH MIAMI BEACH, FLORIDA S51SS (205) 045-7515 PLEASE REPLY TO DISTRICT OFFICE D Dear Ms. Mendoza: Your letter with a copy of Resolution 79-479 urging. the Congress to enact the "Condominium Act of 1979" has been received. I> appreciate you , keeping; ,me abreast of the Commission' views, and you can be assured I will continue to work for passage of this important legislation. With best wishes, I. am WL/kc Sincerely, WIL ,IAM LEHM,N Member of Congress uiJn��i��TS THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS DANTE B. FASCELL I5TN DISTRICT, FLORIDA COMMITTEES: FOREIGN AFFAIRS CHAIRMAN: INTERNATIONAL OPERATIONS SUBCOMMITTEE MEMBER: INTER•AMERICAN AFFAIRS SUBCOMMITTEE GOVERNMENT OPERATIONS MEMBER: LEGISLATION AND NATIONAL SECURITY SUBCOMMITTEE COMMISSION ON SECURITY AND COOPERATION IN EUROPE CHAIRMAN CANADIAN-UNITED STATES INTERPARLIAMENTARY GROUP CHAIRMAN. U.S. DELEGATION Congrefi;$ of tie niteb Ibtate0 ou e' ! entautie� '79 bu "AP• al* • 3 `! 15 August 6, 1 Ralph , . Ongio City Clerk City of Miami, Fla. Ms. Sylvia M. Mendoza Deputy. City Clerk Office of the City Clerk 3500 Pan American Drive Miami, Florida 33133 Dear Ms. Mendoza: you for sending me a copy of the Commission's resolution to enact H.R. 2792, the Condominium Act of 1979. As a 2792, I am pleased to know of your support for this legis- Thank urging Congress sponsor of H.R. lction. CHARLES R. O'REMAN AOMMM$TMTIVE AENSTAMT Hearings were held on this proposal earlier this year by the Housing and Community Development Subcommittee of the House Banking and Urban Affairs Committee. The bill was further reviewed by the full House Banking, Finance and Urban Affairs Committee when the Committee considered H.R. 3875, the Housing and Community Development Act of 1979, but no final action on the measure was taken. S. 612, legislation identical to H.R. 2792 which was introduced in the Senate, was referred to the Housing and Urban Affairs Subcommittee of the Senate Banking, Housing, and Urban Affairs Committee. The Sub- committee held hearings on S. 612 on June 28th. No further action has yet been scheduled. Please be assured that I am carefully following all action on this proposal, and that I will continue to work for the adoption of this important legislation. DBF/PM Again, many thanks for contacting me. ,1 ...$ •L_' i it i 1. l i r0 LOW ,�� " L. ice.. DANTE B. FASCELL Member of Congress 1 Cc4' MIN The Honorable Robert Byrd. Majority Leader United States Senate Washington, D. C. 20510 Dear Senator Byrd: M Enclosed please find a copy. of Resolution No. 79-479 passed an adopted by the City of Miami Commission at a meeting held on July 11, 1979 urging the United States Congress to enact "The Condominum Act of 1979". Very truly yours, Ae S via M. Mendoza Deputy City Clerk `SUPPORTIVE DOCUMENTS FOLLOW" OFFICE OF THE CITY CLERK/City Hal1/3500 Pan American Drive/Miami; Florida 33133/579.6065 July 26, 1979 The Honorable Edward Stack U. S. House of Representatives Washington, D. C. 20515 Dear Mr. Stack: Enclosed please find a copy of Resolution No. 79-479 passed and adopted by the City of Miami Commission at a meeting held on July 11, 1979 urging the United States Congress to enact "The Condominum Act of 1979". RAI Pl-i (7, Very truly yours, mo/smm Enclosure 1 L., rrr't ‘11" . f-; tiF • 'OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/Miami, Florida 33133/579-60E5 i l i'l l ( ('1� The Honorable Thomas O'Neill, Speaker Congress of the United States House of Representatives Washignton, D. C. 20515 Dear Mr. O'Neill: Enclosed please find a copy of Resolution No. 79-479 passed and adopted by the City of Miami Commission at a meeting held on July 11, 1379 urging the United States Congress to enact "The Condominum Act of 1979" Very truly yours, Silvia M. Mendoza Deputy City Clerk RGO/SMM Enclosure O F TI \E 9� 1,; t, f j v�,' " ; —r r-� ruLLOwif OFFICE OF THE CITY CLERK/City Ha11/3500 Pan American Drive/Miami Florida 33133.'579-6065 The Honorable Richard Stone United States Senate 358 Old Senate Office Building Washington, D. C. 25010 Dear Senator Stone: RA: Pt' Enclosed please find a copy of Resolution No. 79-479 passed an adopted by the City of Miami Commission at a meeting held on July 11, 1979 urging the United States Congress to enact "The Condominum Act of 1979". RGO/. SMM Enclosure Very truly yours, >?/7 S lvia M. Mendoza Deputy City Clerk "SUPPORTIVE DOCUMENTS FOLLOW" OFFICE OF THE CITY CLERK/City Hal1/3500 Pan American Drive/Miami, Florida 33133'579-6065 RA1Pt(1"•!• The Honorable Lawton Chiles 2107 Dirksen Senate Office Building,Room:#443 Washington, D. C. 20510 Dear Senator Chiles: Enclosed please find a copy of Resolution No. 79-479 passed and adopted by the City of Miami Commission at a meeting held on July 11, 1979 urging the United States Congress to enact "The Condominum Act of 1979". Very truly yours, r��►lvia M. Mendoza Deputy City Clerk "SUPPORTIVE OLUDVV 1 ':�- f OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Driae. Miami, Florida.33133/579.6065 July 26, 1979 The Honorable Dante Fascell U. S. House of Representatives;; 2256 Rayburn House Office Building., Washington, D. C. 20515 RAIPI! 40ICRt;11. +`D•v ,c k Dear Mr. Fascell: Enc.lose'I pleass find a copy of Resolution No. 79-479 passed and adopted by the City of Miami Cottm►ission at a meeting held on July 11, 1979 urging the United States Congress to enact "The Condominum Act of 1979". TIGO/r=1M Enclosure:` Very truly yours, Clb-9/ Syl' is M. Mendoza Deputy City Clerk "SUPPORTIVE DOCUMENTS F `i L LOW" OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drrve.'Miami; Florida 33133/579.6065 MEW ''The Honorable Claude Pepper House of Representatives 2239 Rayburn House Office'auilding Washington, D. C. 20515 Dear Mr. Pepper: Enclosed please find a copy of ResolutionNo. 79-479 passed an adopted by the City of Miami Commission at a meeting held on July 11, 1979 urging the United States Congress to enact "The Condominum Act of 1979". Very truly yours, S iia M. Mendoza Deputy City Clerk RGO/SMM Enclosure. 'SUPPORTIVE •D CAMEN.T FOLLOW" OFFICE OF THE CITY CLERK/City HaII/3500 Pan American Drive/Miami, Florida 33133/S79.6065 P I.' H r, TheHonorableWilliam Lehman U. S. House of Representatives 236 Cannon House Office Building. Washington, D. C. 20515 Dear Mr. Lehman: Enclosed please find a copy of Resolution No: 79-479 passed and adopted by the City of Miami: Commission at a meeting held on July 11, 1979 urging the United States Congress to enact "The Condominum Act of 1979". Very truly yours, via M. Mendoza Deputy City Clerk AGO/SMM,, Enclosure V F7 OFFICE Of THE CITY CLERK/City Hall/3500 Pan American Drive/Miami, Florida 33133/579-6065