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Can Condominium or Homeowners’ Associations Suspend Use Rights and Voting Rights Due to Delinquency?

July 9, 2019/in FAQs, News /by martellandozim

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 […]

Protecting your Community Association during Hurricanes

June 11, 2019/in FAQs, News /by martellandozim

For everyone who calls beautiful Central Florida home, hurricanes and other dangerous storms are a reality that we must respect and adequately prepare for this time of year. As a reminder, hurricane season officially ranges from June 1st through November 30th and the purpose of this article is to help our condominium and homeowners’ associations […]

Can Condominium or Homeowners’ Associations Suspend Use Rights and Voting Rights Due to Delinquency?

July 9, 2019/in FAQs, News /by martellandozim

Protecting your Community Association during Hurricanes

June 11, 2019/in FAQs, News /by martellandozim

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Can Condominium or Homeowners’ Associations Suspend Use Rights and Voting Rights Due to Delinquency?

July 9, 2019/in FAQs, News /by martellandozim

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.

Protecting your Community Association during Hurricanes

June 11, 2019/in FAQs, News /by martellandozim

For starters, it is essential for your community association to review its current emergency preparedness procedures. Amongst other items, a hurricane plan should include emergency contact information, responsibilities of the board, management, and residents, and a list of services that might be unavailable during and after a hurricane.

Moreover, the following safeguards and tasks should be considered:

Have an updated roster of the community association available to multiple parties, specifically your Board of Directors and Management Company. It is essential to account for the whereabouts of people residing within your community association during a hurricane or dangerous storm.
Take date-stamped photographs of your common elements/common areas before and after the storm.
In advance of a storm, reach out to vendors whose services you will likely need as a result of any damage to your community associated caused by the storm. You will want to make sure that your legal counsel reviews any contracts.
Make sure that your community association has enough supplies, such as flashlights, batteries, water, etc.
Always back-up your computer files and data.
If your community association has an elevator, contact your elevator company for proper guidance in advance of the storm.
Remember to secure the property. This includes pool furniture, planters, exterior decorations, etc. All items that could become a danger due to high winds and/or rain should be secured and locked inside if possible.

In addition, your community association’s plan should have a prepared notice advising residents of an impending hurricane or dangerous storm and the risks of staying in your community, as well as a form to be filled out by residents who decide to stay within the community during the storm.

Community associations also can make a list of relief organizations that residents can reach out to for help. The bottom line is that communication is critical, as a hurricane or dangerous storm will certainly bring a level of chaos and disruption.

Certainly, we hope that none of your condominiums or homeowners’ associations are affected by a hurricane or other dangerous storm this year. However, living in Central Florida, the reality is that you likely will be affected in some way. Please be proactive and take necessary measures to safeguard your community association and its residents.

As always, please do not hesitate to contact Martell & Ozim, P.A. for any of your community association needs.

Half Sized Blog Element (Single Author Style)

Half Sized Blog Element (Multi Author Style)

Can Condominium or Homeowners’ Associations Suspend Use Rights and Voting Rights Due to Delinquency?

Protecting your Community Association during Hurricanes

Can Condominium or Homeowners’ Associations Suspend Use Rights and Voting Rights Due to Delinquency?

Protecting your Community Association during Hurricanes

Full Sized Blog Element (Big Preview Pic)

Can Condominium or Homeowners’ Associations Suspend Use Rights and Voting Rights Due to Delinquency?

Protecting your Community Association during Hurricanes

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