Self Storage Lien Law Legislation Making Headway in Florida and Nevada
Two states, Florida and Nevada, are making steady progress with self storage lien law legislation as other states are gearing up for or finalizing bills. Illinois and Tennessee all have lien law legislation in progress and just last week, Colorado Governor John Hickenlooper signed into law Senate Bill 11-039, which includes improvements to the state’s lien law for self storage operators.
Florida House Bill 459, which revises the notice requirements relating to lien enforcement and addresses limitations on liability, overcame two major hurdles this week, moving through the Civil Justice Subcommittees in the House and Senate. Objections from the newspaper lobby slowed the bill down and caused one component to be removed. Senate Bill SB 1772 deletes provisions relating to advertisement requirements and clarifies provisions relating to the right to create contractual liens and limitations on liability. It also revises notice requirements, allowing postal notice by First Class Mail with a certificate of mailing as well as e-mail notification.
The state’s lien laws have been challenged by the FSSA as being archaic, costing self storage operators hefty amounts and creating excessive steps to procedures.
“For example an operator would send out a certified letter, which often came back unsigned and then would have to reach the customer in various other ways, such as phone calls, e-mail, regular mail etc.,” said Robert Bret, executive director of the Florida Self Storage Association (FSSA). “Also, in many remote areas of Florida there isn’t a significant newspaper publication, and facilities would be required to spend large sums on ads in newspapers that didn’t necessarily reach their specific audience.”
http://www.extraspace.com/news/post/2011/04/22/Self-Storage-Lien-Law-Legislation-Making-Headway-in-Florida-and-Nevada.aspx