Bill Text: FL H1373 | 2011 | Regular Session | Comm Sub

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Bill Title: Condominiums

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1373 Detail]

Download: Florida-2011-H1373-Comm_Sub.html

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CS/HB 1373

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
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	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.

CODING: Words stricken are deletions; words underlined are additions.