| 1 | Representative Robaina offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 278 and 279, insert: |
| 5 | Section 2. Section 718.303, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 718.303 Obligations of owners and occupants; waiver; levy |
| 8 | of fines, suspension or use or voting rights, and other |
| 9 | nonexclusive remedies in law or equity fine against unit by an |
| 10 | association.-- |
| 11 | (1) Each unit owner, each tenant and other invitee, and |
| 12 | each association shall be governed by, and shall comply with the |
| 13 | provisions of, this chapter, the declaration, the documents |
| 14 | creating the association, and the association bylaws and the |
| 15 | provisions thereof shall be deemed expressly incorporated into |
| 16 | any lease of a unit. Actions for damages or for injunctive |
| 17 | relief, or both, for failure to comply with these provisions may |
| 18 | be 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 |
| 22 | taken by them prior to the time control of the association is |
| 23 | assumed by unit owners other than the developer. |
| 24 | (d) Any director who willfully and knowingly fails to |
| 25 | comply with these provisions. |
| 26 | (e) Any tenant leasing a unit, and any other invitee |
| 27 | occupying a unit. |
| 28 |
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| 29 | The prevailing party in any such action or in any action in |
| 30 | which the purchaser claims a right of voidability based upon |
| 31 | contractual provisions as required in s. 718.503(1)(a) is |
| 32 | entitled to recover reasonable attorney's fees. A unit owner |
| 33 | prevailing in an action between the association and the unit |
| 34 | owner under this section, in addition to recovering his or her |
| 35 | reasonable attorney's fees, may recover additional amounts as |
| 36 | determined by the court to be necessary to reimburse the unit |
| 37 | owner for his or her share of assessments levied by the |
| 38 | association to fund its expenses of the litigation. This relief |
| 39 | does not exclude other remedies provided by law. Actions arising |
| 40 | under this subsection shall not be deemed to be actions for |
| 41 | specific performance. |
| 42 | (2) A provision of this chapter may not be waived if the |
| 43 | waiver would adversely affect the rights of a unit owner or the |
| 44 | purpose of the provision, except that unit owners or members of |
| 45 | a board of administration may waive notice of specific meetings |
| 46 | in writing if provided by the bylaws. Any instruction given in |
| 47 | writing by a unit owner or purchaser to an escrow agent may be |
| 48 | relied upon by an escrow agent, whether or not such instruction |
| 49 | and the payment of funds thereunder might constitute a waiver of |
| 50 | any provision of this chapter. |
| 51 | (3) If the declaration or bylaws so provide, the |
| 52 | association may suspend, for a reasonable time, the right of a |
| 53 | unit owner or a unit's occupant, licensee, or invitee, to use |
| 54 | common elements, common facilities, or any other association |
| 55 | property. This subsection does not apply to limited common |
| 56 | elements intended to be used only by that unit, common elements |
| 57 | that must be used to access the unit, utility services provided |
| 58 | to the unit, parking spaces, or elevators. The association may |
| 59 | also levy reasonable fines against a unit for the failure of the |
| 60 | owner of the unit, or its occupant, licensee, or invitee, to |
| 61 | comply with any provision of the declaration, the association |
| 62 | bylaws, or reasonable rules of the association. No fine will |
| 63 | become a lien against a unit. A No fine may not exceed $100 per |
| 64 | violation. However, a fine may be levied on the basis of each |
| 65 | day of a continuing violation, with a single notice and |
| 66 | opportunity for hearing, provided that no such fine shall in the |
| 67 | aggregate exceed $1,000. A No fine may not be levied and a |
| 68 | suspension may not be imposed unless the association first gives |
| 69 | except after giving reasonable notice and opportunity for a |
| 70 | hearing to the unit owner and, if applicable, its occupant, |
| 71 | licensee, or invitee. The hearing must be held before a |
| 72 | committee of other unit owners who are neither board members nor |
| 73 | persons residing in a board member's household. If the committee |
| 74 | does not agree with the fine or suspension, the fine or |
| 75 | suspension may not be levied or imposed. The provisions of this |
| 76 | subsection do not apply to unoccupied units. |
| 77 | (4) The notice and hearing requirements of subsection (3) |
| 78 | do not apply to the imposition of suspensions or fines against a |
| 79 | unit owner or a unit's occupant, licensee, or invitee because of |
| 80 | the failure to pay any amounts due the association. If such a |
| 81 | fine or suspension is imposed, the association must levy the |
| 82 | fine or impose a reasonable suspension at a properly noticed |
| 83 | board meeting, and after the imposition of such fine or |
| 84 | suspension, the association must notify the unit owner and, if |
| 85 | applicable, the unit's occupant, licensee, or invitee by mail or |
| 86 | hand delivery |
| 87 | (5) If the declaration or bylaws so provide, an |
| 88 | association may also suspend the voting rights of a member due |
| 89 | to nonpayment of assessments, fines, or other charges payable to |
| 90 | the association which are delinquent in excess or 90 days. |
| 91 |
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| 92 | ----------------------------------------------------- |
| 93 | T I T L E A M E N D M E N T |
| 94 | Remove line 15 and insert: |
| 95 | amending s. 718.303, F.S.; authorizing an association to |
| 96 | suspend the right of a unit owner or a unit's occupant, |
| 97 | licensee, or invitee to use certain common elements or |
| 98 | association property; excluding certain common elements and |
| 99 | property from such authorization; requiring that reasonable |
| 100 | notice and opportunity for a hearing be provided before an |
| 101 | association levies fines for certain activities; granting |
| 102 | certain powers to the committee before which hearings are |
| 103 | held; providing exceptions to notice and hearing |
| 104 | requirements; authorizing an association to suspend the |
| 105 | voting rights of a member due to nonpayment of assessments, |
| 106 | fines, or other charges delinquent for a specified period |
| 107 | under certain circumstances; amending s. 720.303, F.S.; |
| 108 | revising provisions relating to |