Florida Condo Owner Obligations: Fla. Stat. 718.303

What the law covers

Fla. Stat. 718.303 applies to unit owners, tenants, other invitees, and condominium associations. Each must comply with the chapter, the declaration, the documents creating the association, and the association bylaws that are incorporated into a unit lease. The association or a unit owner may bring an action at law or in equity against the association, a unit owner, certain developer-designated directors, a director who willfully and knowingly fails to comply, or a tenant or other invitee occupying a unit. The prevailing party is entitled to reasonable attorney fees. A unit owner who prevails against the association may also recover additional amounts to reimburse the owner's share of assessments levied to fund the association's litigation expenses. Actions under this subsection are not actions for specific performance. A provision may not be waived if the waiver would adversely affect a unit owner's rights or the purpose of the provision, except that written waiver of notice of specific meetings is allowed if provided by the bylaws.

Key requirements and limits

The association may levy reasonable fines for failure to comply with the declaration, the association bylaws, or reasonable rules of the association. A fine may not become a lien against a unit. A fine may not exceed $100 per violation, or $1,000 in the aggregate. Fines may be levied for each day of a continuing violation after a single notice and hearing. The association may suspend, for a reasonable period, the right to use common elements, common facilities, or other association property for noncompliance. This does not apply to limited common elements intended only for that unit, common elements needed to access the unit, utility services, parking spaces, or elevators. If an owner is more than 90 days delinquent in paying a fee, fine, or other monetary obligation, the association may suspend use rights until the obligation is paid in full. The association may suspend voting rights if the obligation is more than $1,000 and more than 90 days delinquent. Suspended voting interests are subtracted from the total when calculating quorum, elections, and approvals. The suspension ends upon full payment of all obligations currently due or overdue. A receiver may not exercise voting rights of a unit owner whose unit is in receivership for the benefit of the association.

Notice, hearing and deadlines

Before imposing a fine or suspension under subsection (3), the board must provide at least 14 days' written notice to the unit owner and, if applicable, any tenant, licensee, or invitee, and an opportunity for a hearing before a committee of at least three members. Committee members cannot be officers, directors, or employees of the association, or their spouse, parent, child, brother, or sister. The committee votes by majority to confirm or reject the fine or suspension. If approved, fine payment is due 5 days after notice of the approved fine is provided. Written notice must be sent by mail or hand delivery. For voting rights suspensions, proof of the obligation must be provided 30 days before suspension takes effect, and the association must notify the owner at least 90 days before an election. All suspensions under subsections (4) and (5) must be approved at a properly noticed board meeting, and the association must notify the owner by mail or hand delivery. The notice and hearing requirements under subsection (3) do not apply to suspensions under subsections (4) and (5).

Practical checklist for homeowners

Read your governing documents, including the declaration, bylaws, and rules. Keep copies of any notices you receive from the association. Check the official text of Fla. Stat. 718.303 for updates. The association's governing documents and later amendments may also apply.