| 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: |
| 9 |
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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 | and valet service. This subsection does not apply to limited |
| 21 | common elements intended to be used only by that unit, common |
| 22 | elements that must be used to access the unit, utility services |
| 23 | provided to the unit, parking spaces, or elevators. The |
| 24 | association may also levy reasonable fines for the failure of |
| 25 | the owner of the unit, or its occupant, licensee, or invitee, to |
| 26 | comply with any provision of the declaration, the association |
| 27 | bylaws, or reasonable rules of the association. A fine does not |
| 28 | become a lien against a unit. A fine may not exceed $100 per |
| 29 | violation. However, a fine may be levied on the basis of each |
| 30 | day of a continuing violation, with a single notice and |
| 31 | opportunity for hearing. However, the fine may not in the |
| 32 | aggregate exceed $1,000. A fine may not be levied and a |
| 33 | suspension may not be imposed unless the association first |
| 34 | provides at least 14 days' written notice and an opportunity for |
| 35 | a hearing to the unit owner and, if applicable, its occupant, |
| 36 | licensee, or invitee. The hearing must be held before a |
| 37 | committee of other unit owners who are neither board members nor |
| 38 | persons residing in a board member's household. If the committee |
| 39 | does not agree with the fine or suspension, the fine or |
| 40 | suspension may not be levied or imposed. |
| 41 | Section 2. This act shall take effect July 1, 2011. |