Update to §718.303 of Florida Statutes – posted June 28, 2017.
Effective July 1, 2017, §718.303 was amended to provide that an owner’s voting rights can be suspended if the monetary obligation owed is more than $1,000.00 and 90 days delinquent but proof of such obligation must be provided to the owner or member 30 days before the suspension takes effect.
The prior article was written by me in January 2015:
A condo manager asked me about the voting rights of an owner for an election in late January after the association obtained an award of attorney fees from an arbitration dispute. The award was entered in early December. Section 718.303 of the Florida Condominium Act states:
(5) An association may suspend the voting rights of a unit or member due to nonpayment of any monetary obligation due to the association which is more than 90 days delinquent. A voting interest or consent right allocated to a unit or member which has been suspended by the association may not be counted towards the total number of voting interests necessary to constitute a quorum, the number of voting interests required to conduct an election, or the number of voting interests required to approve an action under this chapter or pursuant to the declaration, articles of incorporation, or bylaws. The suspension ends upon full payment of all obligations currently due or overdue the association. The notice and hearing requirements under subsection (3) do not apply to a suspension imposed under this subsection.
(6) All suspensions imposed pursuant to subsection (4) or subsection (5) must be approved at a properly noticed board meeting. Upon approval, the association must notify the unit owner and, if applicable, the unit’s occupant, licensee, or invitee by mail or hand delivery.
Since the money obligation will not be more than 90 days delinquent at the time of the election, the owner’s right to vote cannot be suspended before the election. If the debt becomes more than 90 days delinquent, the board must approve the suspension at a properly noticed board meeting (suspension of voting rights should be placed on the agenda) and notify the owner in writing by mail or hand delivery. Upon payment in full, the suspension is lifted automatically. Unlike a suspension of the right to use common elements such as recreational facilities due to nonpayment, a prior notice to the owner of the potential voting suspension and a hearing are not required.
January 7, 2015.