What are the “public body” special assessments that are discussed in the Far Bar As-Is paragraph 9(f)?
First, let me tell you what it is NOT. It is NOT a special assessment imposed by a Home Owners Association or by a Condominium Association. These would be covered on an HOA and/or the Condominium addendum to the contract between the parties. Generally speaking these “public body” special assessments are those imposed by say the county to pave a small road in Jupiter Farms. The easiest way to look for these, ASSUMING THEY WERE IN PLACE LAST YEAR, is to look up the tax bill on the tax collector’s website and look at the tax bill for last year and note anything unusual under the non ad valorem charges. OR, the Palm Beach Couty has a search tool as well.
And, they are NOT those imposed under chapter 190 of FS by a community development district. What are those? They are: Community development district means a local unit of special-purpose government which is created pursuant to this act and limited to the performance of those specialized functions authorized by this act; the governing head of which is a body created, organized, and constituted and authorized to function specifically as prescribed in this act for the purpose of the delivery of urban community development services; and the formation, powers, governing body, operation, duration, accountability, requirements for disclosure, and termination of which are as required by general law. CLICK HERE to see a list of “community development districts” registered in Palm Beach County. BUT CHECK the section they have been organized under. Some like the Beeline Community Development District are organized under Chapter 190. Captain’s Key is under 189.02 and others like the South Indian River Water Control District and the Northern Palm Beach County Water Improvement District were organized under Chapter 298 (so not the specifically excluded 190) of FS. Thus, this section of the Contract WOULD apply to liens imposed by them for things like road and drainage improvements.
THIS LINK talks about the method used to get a road paved in Jupiter Farms.
