Can Condominium or Homeowners’ Associations Suspend Use Rights and Voting Rights Due to Delinquency?
You’ve likely been there before. An owner is delinquent in the payment of a monetary obligation to your condominium and/or homeowners’ association, but that owner is still enjoying the common area/element amenities, such as the pool, gym, clubhouse, etc. and voting in association-related matters. That’s certainly frustrating and our Firm is often asked what recourse an association has in this type of situation.
Fortunately, both Chapter 718, Florida Statutes (which governs condominium associations) and Chapter 720, Florida Statutes (which governs homeowners’ association) provide a few options.
Suspension of Use Rights
With regards to suspension of common area/element use rights, Section 718.303(4) states, “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.”
Likewise, Section 720.305(3), Florida Statutes states, “If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full.”
As you can see, both condominium and homeowners’ associations can suspend common area/element use rights if an owner is more than 90 days delinquent in paying a monetary obligation to the association.
Suspension of Voting Rights
Moreover, pertaining to the suspension of voting rights, Section 718.303(5) reads, “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.”
On the other hand, Section 720.305(4), Florida Statutes states, “An association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the association that is more than 90 days delinquent.”
While both condominium and homeowners’ associations can suspend voting rights, there is a slight difference in the criteria.
Ultimately, the outcome is the same. A voting interest associated to an owner who has been suspended by the association shall be subtracted from the total number of voting interests in the association.
Remember, proper notice of the above-referenced suspensions must be provided to owners. So, if you have any questions or need any assistance, please do not hesitate to contact Martell & Ozim, P.A. at 407-377-0890.
