Florida Senate - 2017                                     SB 950
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01574A-17                                           2017950__
    1                        A bill to be entitled                      
    2         An act relating to homeowners’ associations; amending
    3         s. 720.305, F.S.; prohibiting certain fines, special
    4         assessments, and interest and late charges from being
    5         imposed against certain parcels; providing liability
    6         for attorney fees and costs; providing notice
    7         requirements; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (c) is added to subsection (2) of
   12  section 720.305, Florida Statutes, to read:
   13         720.305 Obligations of members; remedies at law or in
   14  equity; levy of fines and suspension of use rights.—
   15         (2) The association may levy reasonable fines. A fine may
   16  not exceed $100 per violation against any member or any member’s
   17  tenant, guest, or invitee for the failure of the owner of the
   18  parcel or its occupant, licensee, or invitee to comply with any
   19  provision of the declaration, the association bylaws, or
   20  reasonable rules of the association unless otherwise provided in
   21  the governing documents. A fine may be levied by the board for
   22  each day of a continuing violation, with a single notice and
   23  opportunity for hearing, except that the fine may not exceed
   24  $1,000 in the aggregate unless otherwise provided in the
   25  governing documents. A fine of less than $1,000 may not become a
   26  lien against a parcel. In any action to recover a fine, the
   27  prevailing party is entitled to reasonable attorney fees and
   28  costs from the nonprevailing party as determined by the court.
   29         (c)1. A fine or special assessment may not be imposed by
   30  the board of administration against any parcel during the first
   31  6 months after the death of the parcel owner.
   32         2. Interest and late charges incurred by the association
   33  incident to the collection process to secure the payment of
   34  assessments may not be imposed by the board of administration
   35  against any parcel during the first year after the death of the
   36  parcel owner.
   37         3. An association that violates subparagraph 1. or
   38  subparagraph 2. is liable for reasonable attorney fees and
   39  costs, as determined by the court, to a prevailing party in any
   40  successful action to enforce such subparagraph.
   41         4. If a board imposes a fine or assessment against a parcel
   42  that becomes due after the death of the parcel owner, the board
   43  must provide written notice of such fine or assessment to the
   44  executor of the parcel owner’s estate at least five times by
   45  certified mail, return receipt requested.
   46         Section 2. This act shall take effect July 1, 2017.