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