1 | A bill to be entitled |
2 | An act relating to condominiums; amending s. 718.116, |
3 | F.S.; providing requirements for a notice of delinquency; |
4 | prohibiting a condominium association from imposing |
5 | certain penalties for delinquency during a notice period |
6 | or while an objection made within such notice period and |
7 | accompanied by proof of payment of certain assessments or |
8 | charges is unresolved; providing an effective date. |
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10 | Be It Enacted by the Legislature of the State of Florida: |
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12 | Section 1. Subsection (11) is added to section 718.116, |
13 | Florida Statutes, to read: |
14 | 718.116 Assessments; liability; lien and priority; |
15 | interest; collection.- |
16 | (11)(a) A notice of delinquency sent to a unit owner shall |
17 | provide an overall total of assessments claimed and shall |
18 | specify each assessment or charge that is claimed by the |
19 | association, listing for each assessment or charge the date of |
20 | the assessment or charge, the principal balance owed for the |
21 | assessment or charge, and affiliated late fees or collection |
22 | charges. |
23 | (b) As to any statute or any provision in the governing |
24 | documents that creates a restriction or condition upon a unit |
25 | owner related to delinquency in the payment of moneys owed to |
26 | the association, no such restriction or condition shall be in |
27 | effect until 20 days after receipt of the delinquency notice by |
28 | the unit owner. If the unit owner objects to the amount claimed |
29 | within the 20-day period and provides proof of payment of the |
30 | assessments or charges specified in the notice provided in |
31 | paragraph (a), no restriction or condition shall be enforced |
32 | until the objection is resolved. For purposes of this paragraph, |
33 | a "restriction or condition" includes any restriction on running |
34 | for office, holding office, serving on a committee, leasing the |
35 | unit, or using common areas. |
36 | Section 2. This act shall take effect January 1, 2011. |