HB 0337 and SB 968, if enacted, would amend Florida Statutes 718.116 by providing condominium owners who are delinquent on their assessments an opportunity to receive a “notice of delinquency”.  The notice would specify each assessment sought by the association, the date of the assessment or charge, and the corresponding interest, fee and cost attached to such unpaid assessments.  Notice would need to be provided prior to any restriction, penalty or condition being placed upon that unit owner.  It also would prohibit a condominium association from imposing penalties during a 20 day notice period or while an objection made during the notice period is unresolved.  The notice requirement would not apply if the association has been in lien collection or foreclosure proceedings against the same unit owner within the proceeding 12 months or if the unit owner acknowledges in writing he or she owes the debt to the association.  Once past the notice period, delinquent unit owners could be restricted from running for office, holding office, serving on committee, leasing their unit or using common areas.

The Senate version of the bill is passing through committee and is presently with the Judiciary Committee.  The House version of the bill is now in the Criminal and Civil Justice Policy Council.   So far, other than minor editing of the language, both versions of the bill are being treated fairly favorably.

Condominium Association boards should also be aware that there are numerous other potential bills that may affect their governance.  To contact your legislator on any of these issues or to review these bills or track their progress, go to online sunshine at http://www.leg.state.fl.us.

Please contact Bogin, Munns and Munns if you desire a legal opinion or analysis of these bills or how these proposed laws would effect your association.  With nine offices including South Daytona and Melbourne, Bogin, Munns and Munns can assist condominium associations in our coastal communities navigate these proposed legislative changes.

– Jeremy Hill, Esq., is a personal injury attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Hill works out of our Daytona office.  He welcomes questions and comments regarding the above and can be reached at jhill@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.

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