Bill Text: FL S0826 | 2024 | Regular Session | Introduced

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Bill Title: Fines Levied by Homeowners' Associations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Regulated Industries [S0826 Detail]

Download: Florida-2024-S0826-Introduced.html

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       Florida Senate - 2024                                     SB 826
       
       
        
       By Senator Torres
       
       
       
       
       
       25-00897-24                                            2024826__
    1                        A bill to be entitled                      
    2         An act relating to fines levied by homeowners’
    3         associations; amending s. 720.305, F.S.; prohibiting
    4         fines imposed by homeowners’ associations from
    5         exceeding $500 in the aggregate; conforming a
    6         provision to changes made by the act; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (2) of section 720.305, Florida
   12  Statutes, is amended to read:
   13         720.305 Obligations of members; remedies at law or in
   14  equity; levy of fines and suspension of use rights.—
   15         (2) An association may levy reasonable fines for violations
   16  of the declaration, association bylaws, or reasonable rules of
   17  the association. A fine may not exceed $100 per violation
   18  against any member or any member’s tenant, guest, or invitee for
   19  the failure of the owner of the parcel or its occupant,
   20  licensee, or invitee to comply with any provision of the
   21  declaration, the association bylaws, or reasonable rules of the
   22  association unless otherwise provided in the governing
   23  documents. A fine may be levied by the board for each day of a
   24  continuing violation, with a single notice and opportunity for
   25  hearing, except that the fine may not exceed $500 $1,000 in the
   26  aggregate unless otherwise provided in the governing documents.
   27  A fine of less than $500 $1,000 may not become a lien against a
   28  parcel. In any action to recover a fine, the prevailing party is
   29  entitled to reasonable attorney fees and costs from the
   30  nonprevailing party as determined by the court.
   31         (a) An association may suspend, for a reasonable period of
   32  time, the right of a member, or a member’s tenant, guest, or
   33  invitee, to use common areas and facilities for the failure of
   34  the owner of the parcel or its occupant, licensee, or invitee to
   35  comply with any provision of the declaration, the association
   36  bylaws, or reasonable rules of the association. This paragraph
   37  does not apply to that portion of common areas used to provide
   38  access or utility services to the parcel. A suspension may not
   39  prohibit an owner or tenant of a parcel from having vehicular
   40  and pedestrian ingress to and egress from the parcel, including,
   41  but not limited to, the right to park.
   42         (b) A fine or suspension levied by the board of
   43  administration may not be imposed unless the board first
   44  provides at least 14 days’ notice to the parcel owner at his or
   45  her designated mailing or e-mail address in the association’s
   46  official records and, if applicable, any occupant, licensee, or
   47  invitee of the parcel owner, sought to be fined or suspended and
   48  a hearing before a committee of at least three members appointed
   49  by the board who are not officers, directors, or employees of
   50  the association, or the spouse, parent, child, brother, or
   51  sister of an officer, director, or employee. The notice must
   52  include a description of the alleged violation; the specific
   53  action required to cure such violation, if applicable; and the
   54  date and location of the hearing. A parcel owner has the right
   55  to attend a hearing by telephone or other electronic means.
   56         (c) If the committee, by majority vote, does not approve a
   57  proposed fine or suspension, the proposed fine or suspension may
   58  not be imposed. The role of the committee is limited to
   59  determining whether to confirm or reject the fine or suspension
   60  levied by the board.
   61         (d) After the hearing, the committee shall provide written
   62  notice to the parcel owner at his or her designated mailing or
   63  e-mail address in the association’s official records and, if
   64  applicable, any occupant, licensee, or invitee of the parcel
   65  owner, of the committee’s findings related to the violation,
   66  including any applicable fines or suspensions that the committee
   67  approved or rejected, and how the parcel owner or any occupant,
   68  licensee, or invitee of the parcel owner may cure the violation,
   69  if applicable.
   70         (e) If the proposed fine or suspension levied by the board
   71  is approved by the committee by a majority vote, the fine
   72  payment is due 5 days after notice of the approved fine required
   73  under paragraph (d) is provided to the parcel owner and, if
   74  applicable, to any occupant, licensee, or invitee of the parcel
   75  owner. The association must provide written notice of such fine
   76  or suspension by mail or hand delivery to the parcel owner and,
   77  if applicable, to any occupant, licensee, or invitee of the
   78  parcel owner.
   79         Section 2. This act shall take effect July 1, 2024.