Gelfand & Arpe, P. A.


January 3, 1992

THE NEW NOTARY LAW

Because of irregularities with notarized signatures, the method of notarizing documents is significantly changing. No longer can a notary merely date, sign and seal a signed document.

Notaries must undertake two additional steps. First, if the notary does not know the person signing the document, the notary must examine some an officially issued photographic identification. This identification would include a drivers licenses, passport, or similar document. The notary must then write on the paper to be notarized what type of identification document was presented and the document's number.

The notary's name must be clearly typed or printed beneath their signature line. Please note that witnesses must also type or print their names under their signature lines. For all notaries whose commissions were issued after January 1, 1992, unless the notary seal indicates the notary's serial number, the notary must clearly print the number.

It is suggested that notaries keep a photocopy of the document presented as personal identification. Documents created by Gelfand and Arpe, P.A. will include a blank for specifying the type of identification presented. If the notary has personal knowledge of a signers identity, the symbol "N/A" should be inserted in the blank.

CONDOMINIUM ACT AMENDMENTS UPDATE

During its special session the Florida Legislature delayed until April 1, 1992 most of the provisions of the 1991 amendments to the Condominium Act. Not all provisions were delayed; for example, the laws concerning election procedures and the increase to $4.00 per unit for registration will become effective January 1, 1992. The cable television regulations have and will continue to be effective. It is expected that between now and April 1, 1992, additional changes will be adopted by the legislature.

The Division of Land Sales, Bureau of Condominiums, has recognized that the proposed regulations, especially those concerning elections, are far too cumbersome. Immediate rule changes include deleting candidate notices being sent to Association registered agents. At a meeting with Ms. Faye Mayberry, the Bureau chief on Friday, December 20, 1991, Ms. Mayberry confirmed that the Division's interpretation of the new law prohibits one person from nominating anyone but themselves; therefore, if for example a husband and wife desire to be nominated as directors candidates, both must sign a letter to the Association.

UPDATE.LTR