| 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 is |
| 7 | unresolved; providing an effective date. |
| 8 |
|
| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
|
| 11 | Section 1. Subsection (11) is added to section 718.116, |
| 12 | Florida Statutes, to read: |
| 13 | 718.116 Assessments; liability; lien and priority; |
| 14 | interest; collection.-- |
| 15 | (11)(a) A notice of delinquency sent to a unit owner shall |
| 16 | provide an overall total of assessments claimed and shall |
| 17 | specify each assessment or charge that is claimed by the |
| 18 | association, listing for each assessment or charge the date of |
| 19 | the assessment or charge, the principal balance owed for the |
| 20 | assessment or charge, and affiliated late fees or collection |
| 21 | charges. |
| 22 | (b) As to any statute or any provision in the governing |
| 23 | documents that creates a restriction or condition upon a unit |
| 24 | owner related to delinquency in the payment of moneys owed to |
| 25 | the association, no such restriction or condition shall be in |
| 26 | effect until 20 days after receipt of the delinquency notice by |
| 27 | the unit owner. If the unit owner objects to the amount claimed |
| 28 | within the 20-day period, no restriction or condition shall be |
| 29 | enforced until the objection is resolved. For purposes of this |
| 30 | paragraph, a "restriction or condition" includes any restriction |
| 31 | on running for office, holding office, serving on a committee, |
| 32 | leasing the unit, or using common areas. |
| 33 | Section 2. This act shall take effect July 1, 2010. |