HB 1373

1
A bill to be entitled
2An act relating to condominiums; amending s. 718.303,
3F.S.; specifying common elements for which right of use
4may be suspended by a condominium association if a unit
5owner is delinquent in paying a monetary obligation;
6providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (3) of section 718.303, Florida
11Statutes, is amended to read:
12     718.303  Obligations of owners and occupants; remedies.-
13     (3)  If a unit owner is delinquent for more than 90 days in
14paying a monetary obligation due to the association, the
15association may suspend the right of a unit owner or a unit's
16occupant, licensee, or invitee to use common elements, common
17facilities, or any other association property until the monetary
18obligation is paid. The common elements include, but are not
19limited to, recreation facilities, pools, gyms, meeting rooms,
20cable television service, Internet service, and valet service.
21This subsection does not apply to limited common elements
22intended to be used only by that unit, common elements that must
23be used to access the unit, electric and water utility services
24provided to the unit, parking spaces, or elevators. The
25association may also levy reasonable fines for the failure of
26the owner of the unit, or its occupant, licensee, or invitee, to
27comply with any provision of the declaration, the association
28bylaws, or reasonable rules of the association. A fine does not
29become a lien against a unit. A fine may not exceed $100 per
30violation. However, a fine may be levied on the basis of each
31day of a continuing violation, with a single notice and
32opportunity for hearing. However, the fine may not in the
33aggregate exceed $1,000. A fine may not be levied and a
34suspension may not be imposed unless the association first
35provides at least 14 days' written notice and an opportunity for
36a hearing to the unit owner and, if applicable, its occupant,
37licensee, or invitee. The hearing must be held before a
38committee of other unit owners who are neither board members nor
39persons residing in a board member's household. If the committee
40does not agree with the fine or suspension, the fine or
41suspension may not be levied or imposed.
42     Section 2.  This act shall take effect July 1, 2011.


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