Amendment
Bill No. CS/CS/CS/HB 27
Amendment No. 624199
CHAMBER ACTION
Senate House
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1Representative Robaina offered the following:
2
3     Amendment (with title amendment)
4     Between lines 278 and 279, insert:
5     Section 2.  Section 718.303, Florida Statutes, is amended
6to read:
7     718.303  Obligations of owners and occupants; waiver; levy
8of fines, suspension or use or voting rights, and other
9nonexclusive remedies in law or equity fine against unit by an
10association.--
11     (1)  Each unit owner, each tenant and other invitee, and
12each association shall be governed by, and shall comply with the
13provisions of, this chapter, the declaration, the documents
14creating the association, and the association bylaws and the
15provisions thereof shall be deemed expressly incorporated into
16any lease of a unit. Actions for damages or for injunctive
17relief, or both, for failure to comply with these provisions may
18be brought by the association or by a unit owner against:
19     (a)  The association.
20     (b)  A unit owner.
21     (c)  Directors designated by the developer, for actions
22taken by them prior to the time control of the association is
23assumed by unit owners other than the developer.
24     (d)  Any director who willfully and knowingly fails to
25comply with these provisions.
26     (e)  Any tenant leasing a unit, and any other invitee
27occupying a unit.
28
29The prevailing party in any such action or in any action in
30which the purchaser claims a right of voidability based upon
31contractual provisions as required in s. 718.503(1)(a) is
32entitled to recover reasonable attorney's fees. A unit owner
33prevailing in an action between the association and the unit
34owner under this section, in addition to recovering his or her
35reasonable attorney's fees, may recover additional amounts as
36determined by the court to be necessary to reimburse the unit
37owner for his or her share of assessments levied by the
38association to fund its expenses of the litigation. This relief
39does not exclude other remedies provided by law. Actions arising
40under this subsection shall not be deemed to be actions for
41specific performance.
42     (2)  A provision of this chapter may not be waived if the
43waiver would adversely affect the rights of a unit owner or the
44purpose of the provision, except that unit owners or members of
45a board of administration may waive notice of specific meetings
46in writing if provided by the bylaws. Any instruction given in
47writing by a unit owner or purchaser to an escrow agent may be
48relied upon by an escrow agent, whether or not such instruction
49and the payment of funds thereunder might constitute a waiver of
50any provision of this chapter.
51     (3)  If the declaration or bylaws so provide, the
52association may suspend, for a reasonable time, the right of a
53unit owner or a unit's occupant, licensee, or invitee, to use
54common elements, common facilities, or any other association
55property. This subsection does not apply to limited common
56elements intended to be used only by that unit, common elements
57that must be used to access the unit, utility services provided
58to the unit, parking spaces, or elevators. The association may
59also levy reasonable fines against a unit for the failure of the
60owner of the unit, or its occupant, licensee, or invitee, to
61comply with any provision of the declaration, the association
62bylaws, or reasonable rules of the association. No fine will
63become a lien against a unit. A No fine may not exceed $100 per
64violation. However, a fine may be levied on the basis of each
65day of a continuing violation, with a single notice and
66opportunity for hearing, provided that no such fine shall in the
67aggregate exceed $1,000. A No fine may not be levied and a
68suspension may not be imposed unless the association first gives
69except after giving reasonable notice and opportunity for a
70hearing to the unit owner and, if applicable, its occupant,
71licensee, or invitee. The hearing must be held before a
72committee of other unit owners who are neither board members nor
73persons residing in a board member's household. If the committee
74does not agree with the fine or suspension, the fine or
75suspension may not be levied or imposed. The provisions of this
76subsection do not apply to unoccupied units.
77     (4)  The notice and hearing requirements of subsection (3)
78do not apply to the imposition of suspensions or fines against a
79unit owner or a unit's occupant, licensee, or invitee because of
80the failure to pay any amounts due the association. If such a
81fine or suspension is imposed, the association must levy the
82fine or impose a reasonable suspension at a properly noticed
83board meeting, and after the imposition of such fine or
84suspension, the association must notify the unit owner and, if
85applicable, the unit's occupant, licensee, or invitee by mail or
86hand delivery
87     (5)  If the declaration or bylaws so provide, an
88association may also suspend the voting rights of a member due
89to nonpayment of assessments, fines, or other charges payable to
90the association which are delinquent in excess or 90 days.
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T I T L E  A M E N D M E N T
94     Remove line 15 and insert:
95amending s. 718.303, F.S.; authorizing an association to
96suspend the right of a unit owner or a unit's occupant,
97licensee, or invitee to use certain common elements or
98association property; excluding certain common elements and
99property from such authorization; requiring that reasonable
100notice and opportunity for a hearing be provided before an
101association levies fines for certain activities; granting
102certain powers to the committee before which hearings are
103held; providing exceptions to notice and hearing
104requirements; authorizing an association to suspend the
105voting rights of a member due to nonpayment of assessments,
106fines, or other charges delinquent for a specified period
107under certain circumstances; amending s. 720.303, F.S.;
108revising provisions relating to


CODING: Words stricken are deletions; words underlined are additions.