Florida Senate - 2011                                     SB 712
       
       
       
       By Senator Margolis
       
       
       
       
       35-00735-11                                            2011712__
    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
    4         use may be suspended by a condominium association if a
    5         unit owner is delinquent in paying a monetary
    6         obligation; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   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.