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