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 |