CS/CS/HB 337

1
A bill to be entitled
2An act relating to condominiums; amending s. 718.116,
3F.S.; providing requirements for a notice of delinquency;
4prohibiting a condominium association from imposing
5certain penalties for delinquency during a notice period
6or while an objection made within such notice period and
7accompanied by proof of payment of certain assessments or
8charges is unresolved; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (11) is added to section 718.116,
13Florida Statutes, to read:
14     718.116  Assessments; liability; lien and priority;
15interest; collection.-
16     (11)(a)  A notice of delinquency shall provide a unit owner
17with an overall total of assessments claimed and shall specify
18each assessment or charge that is claimed by the association,
19listing for each assessment or charge the date of the assessment
20or charge, the principal balance owed for the assessment or
21charge, and affiliated late fees or collection charges. A copy
22of the notice must be provided to the unit owner by hand
23delivery or by certified or registered mail, return receipt
24requested, addressed to the unit owner at his or her last known
25address. Upon such hand delivery or mailing, the notice shall be
26deemed to have been given.
27     (b)  As to any statute or any provision in the governing
28documents that creates a restriction or condition upon a unit
29owner related to delinquency in the payment of moneys owed to
30the association, no such restriction or condition shall be in
31effect until 20 days after the delinquency notice is given to
32the unit owner. If the unit owner objects to the amount claimed
33within the 20-day period and provides proof of payment of the
34assessments or charges specified in the notice under paragraph
35(a), no restriction or condition shall be enforced until the
36objection is resolved. For purposes of this paragraph, a
37"restriction or condition" includes any restriction on running
38for office, holding office, serving on a committee, leasing the
39unit, or using common areas.
40     Section 2.  This act shall take effect January 1, 2011.


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