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 |