Florida Condominiums Fines and Suspensions | 561.699.0399

Ryan S. Shipp, Esquire

3 years ago

Florida Condominiums Fines and Suspensions

Florida Statute 718.303

In Florida, Condominium Associations have the ability to access Fines and issue Suspensions upon Unit Owners pursuant to Florida Statutes, 718.303. It is important for Board Members, Property Managers, and Unit Owners to be familiar with this statute when it comes to imposing Fines and Suspensions on Unit Owners.

Can My Condominium Association Impose Fines

The Condominium Association may levy reasonable fines for the failure of the Unit Owner or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules and regulations of the Condominium Association.

Per Florida law, a fine may not become a lien against a unit. A fine may be levied by the Board of Directors on the basis of each day of a continuing violation, with a single notice and opportunity for hearing before a committee. However, the fine may not exceed $100 per violation, or $1,000 in the aggregate. Even though a fine may not become a lien on a unit, a Unit Owner will not be able to sell their unit until the fine is paid.

Types of Condominium Suspensions In Florida

When it comes to suspensions, a Condominium Association may suspend, for a reasonable period of time, the right of a Unit Owner, or a Unit Owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators.

A fine or suspension levied by the Board of Directors may not be imposed unless the Board of Directors first provides at least 14 days’ written notice to the Unit Owner and, if applicable, any occupant, licensee, or invitee of the unit owner sought to be fined or suspended, and an opportunity for a hearing before a committee of at least three members appointed by the Board of Directors who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the committee does not approve the proposed fine or suspension by majority vote, the fine or suspension may not be imposed. If the proposed fine or suspension is approved by the committee, the fine payment is due 5 days after notice of the approved fine is provided to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner (*2021 Amendment to Law*) The association must provide written notice of such fine or suspension by mail or hand delivery to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner.

If a unit owner is more than 90 days delinquent in paying a fee, fine, or other monetary obligation due to the association, the association may suspend the right of the unit owner or the unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators. The notice and hearing requirements above do not apply to suspensions imposed under this subsection.

Suspension of Voting Rights

In Florida, an association may suspend the voting rights of a unit owner or member due to nonpayment of any fee, fine, or other monetary obligation due to the association which is more than $1,000 and more than 90 days delinquent. Proof of such obligation must be provided to the unit owner or member 30 days before such suspension takes effect. A voting interest or consent right allocated to a unit owner or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the declaration, articles of incorporation, or bylaws. The suspension ends upon full payment of all obligations currently due or overdue the association. The notice and hearing requirements required above, do not apply to a suspension imposed under this subsection.

Proper Notice By Condominium Association Is Required

All suspensions imposed for Use of Common Elements and Voting Rights must be approved at a properly noticed Board of Directors meeting. Upon approval, the Condominium Association must notify the unit owner and, if applicable, the unit’s occupant, licensee, or invitee by mail or hand delivery.

Application

The suspensions permitted for fining and Use of Common Elements and Voting Rights apply to the Unit Owner and, when appropriate, the Unit Owner’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple units owned by a Unit Owner/ member of the Condominium Association.

Are you a Florida Condominium Owner, Florida Condominium Associations, or Property Manager? Call the experienced West Palm Beach Condominium Attorneys of The Law Office of Ryan S. Shipp, PLLC today to see how we can assist. Our office is located in Lantana, Florida, we serve clients throughout the State of Florida.