suspension ends upon full payment of all obligations due to the association. ● Voting: A cooperative or HOA may suspend a member’s voting rights if they are more than 90 days delinquent. A condominium may only suspend a member if they are more than 90 days delinquent in paying any monetary amount over $1,000. The condominium must send proof of monies owed to the member at least 30 days before the suspension takes effect. specifies the amount owed to the association and provides the unit/parcel owner an opportunity to pay the amount owed without the assessment of attorney fees. NOTE : The Condominium, Cooperative, and HOA Acts are silent on if a fine takes precedence over an assessment. The Acts do not address collection of service- reimbursement assessments. Some association attorneys have opined that a fine is paid prior to an assessment, and a service-reimbursement assessment is paid prior to a regular assessment. The board should discuss this with the association’s attorney. the association the subsequent rental payments and continue to make such payments until all monetary obligations of the member that are related to the unit or parcel have been paid in full to the association. The association is specifically excluded from the requirement to maintain a unit or parcel unless it owns the unit or parcel. That is, the member must continue to maintain the unit or parcel, in accordance with their lease. The lessee does not, by virtue of payment of monetary obligations, have the same rights as an association member to vote in any election or to examine the books and records of the association. Reminder: In a condominium, the association must provide the lessee with a copy of the bylaws and rules and regulations, upon the lessee’s request. Florida Residential Landlord and Tenant Act provisions Under the Florida Residential Landlord and Tenant Act, the association may issue notices according to F.S. 83.56 and may sue for eviction according to F.S. 83.59-83.625 as if the association were a landlord under F.S. 83, Part II, if the lessee fails to pay a required payment. The association is not otherwise considered to be a landlord under F.S. 83 and specifically has no duties under F.S. 83.51. NOTE : For more information under the association’s rights and responsibilities under the Florida Residential Landlord and Tenant Act, please see the above referenced sections of F.S. 83. For required forms and additional information, see F.S. 718.116(11) (condominiums), F.S. 719.108(1) (cooperatives), and F.S. 720.3085(8) (HOAs).
The board must approve all suspensions imposed at a properly noticed board meeting. Upon approval, the association must notify the member, and, if applicable, the member’s occupant, licensee, or invitee by mail or hand delivery. ● In a condominium or HOA, the suspension applies to a member and when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple parcels owned by a member. In all cases, the Application of payments Regardless of the method used to collect late or delinquent payments, once money is received from a member, it must be applied in the following order: 1. Interest. 2. Late fees. 3. Fees to the management firm (administrative fees). 4. Attorney fees and court costs.* 5. Assessments (regular and special). * The Condominium, Cooperative, and HOA Acts provide that an association may not require payment of attorney fees related to a past due assessment without first delivering a written late payment notice to the unit/parcel owner that Collection from unit/parcel owners’ lessees This applies to condominiums, cooperatives, and HOAs. If a unit or parcel is occupied by a lessee and the member is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the lessee pay to Demand notice The association must mail to the lessee a written notice of the association’s demand to make the payments to the association, with a copy to the member. The lessee must begin these payments immediately, and continue until the association releases the lessee, the lessee discontinues the lease, or the member pays the balance that is due. That is, the lessee must make the next payment to the association. A lessee who pays the association in response to its written demand is immune from any claim of non-payment of rent by the member. If the lessee prepays rent to the member before they receive the demand from the association and provides written evidence of paying the rent within days after receiving the demand, the lessee must make any subsequent rental payments to the association to be credited against the monetary obligations of the member until the association releases the tenant or the tenant discontinues tenancy in the unit. Notice of increase The lessee is not liable for increases in the amount of the member’s regular monetary obligations to the association, unless the association notifies the lessee in writing of the increase at least 10 days before the rent is due. Note that the lessee’s monthly liability to the association may not exceed the rent due to the landlord (member). Credit due lessee The member must provide the lessee a credit against rents due to the member in the amount of the monies that have been paid to the association. Changing method of delivery Before changing the method of delivery for invoices or statements of accounts, the association must deliver a written notice of such change to each unit/parcel owner at least 30 days before the association sends the invoice for assessment or statement of account by the new delivery method. The notice must be sent by first-class mail to the unit/parcel owner at their last address as reflected in the association’s records and, if such address is not the unit address, must be sent by first-class mail to the unit address.
ASSOCIATION ASSESSMENT NOTICE REQUIREMENTS
The unit/parcel owner must affirmatively acknowledge their understanding that the association will change its method of delivery before the association changes the method of delivery. The unit/parcel owner may make the affirmative acknowledgement electronically or in writing.
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Book Code: CAMFL1524
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