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Can an Association Suspend an Owner’s Right to Use Common Facilities?

By Shannon Puopolo on August 18, 2016
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iStock_000015122897XSmall.jpgAssociation boards frequently ask what recourse they have against owners who fall behind on paying assessments, or violate other provisions of an association’s governing documents. While most associations’ governing documents provide for the right to fine owners and place a lien on their property, not all boards are aware that they may also suspend owners’ rights to use common elements or facilities.

What Rights Can Be Suspended?

Under the Florida Homeowners’ Association Act and the Florida Condominium Act, an association may suspend, for a reasonable period of time, an owner’s right to use common elements or other association amenities, for failure to timely pay assessments or for failure to comply with a provision of the declaration, bylaws, or reasonable rules of the association. For instance, an association may suspend an owner’s right to use the association’s gym, pool, or recreation facilities, until the owner comes into compliance. The suspension not only applies to an owner, but may also apply to an owner’s tenants, guests, and invitees.

Is the Right to Suspend Automatic?

If an owner is more than 90 days delinquent in paying any monetary obligation (e.g., a fee, fine, or assessment) due to the association, the association may suspend the right of the owner to use the common elements until the monetary obligation is paid in full. Under this scenario, no written notice must be provided to the owner prior to suspending the owner’s right to use the common areas.

In contrast, if the suspension of rights is the result of an owner failing to comply with a provision of the association’s governing documents, the board must provide at least 14 days written notice and an opportunity for a hearing to the owner, prior to suspending the owner’s right to use the common elements.

Are There Exclusions?

Yes. A homeowners’ association may not prohibit an owner or tenant from having vehicular or pedestrian access to a residence, including, but not limited to, the right to park. Further, a condominium association may not terminate utility services provided to a delinquent unit, nor may an association prohibit a unit owner’s use of limited common elements that were intended to be used only by that unit, or common elements needed to access the unit, such as parking spaces or elevators.

Photo of Shannon Puopolo Shannon Puopolo

Shannon concentrates her law practice in the business litigation arena, with a focus on real estate disputes, creditor’s rights in bankruptcy, and appellate law. She represents a diverse clientele, guiding them through legal challenges such as bankruptcy and foreclosure proceedings, alternative finance…

Shannon concentrates her law practice in the business litigation arena, with a focus on real estate disputes, creditor’s rights in bankruptcy, and appellate law. She represents a diverse clientele, guiding them through legal challenges such as bankruptcy and foreclosure proceedings, alternative finance transactions, and usury defense. Additionally, she handles matters related to title insurance claims, lien and tax deed sales, partnership disputes, trust litigation, association law, and residential and commercial eviction proceedings. Shannon is also a Florida Supreme Court Certified Circuit Mediator and is featured on the approved mediator list of the United States District Court Middle District of Florida.

Shannon’s exceptional career has garnered numerous accolades, including being recognized in Gulfshore Business Magazine’s 40 Under 40 (2021) and Business Observer’s “40 Under 40” (2020). She has consistently earned the title of a “Rising Star” in business litigation by Florida Super Lawyers® magazine from 2012 to 2023. Naples Illustrated magazine has consistently acknowledged her as a “Top Lawyer” in business litigation since 2018.

Shannon earned her law degree from the Miami School of Law, graduating cum laude, and her undergraduate degree from Washington University in St. Louis. She may be reached via email at shannon.puopolo@henlaw.com.

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  • Posted in:
    Business and Commercial
  • Blog:
    The Legal Scoop on Southwest Florida Real Estate
  • Organization:
    Henderson, Franklin, Starnes & Holt, P.A.
  • Article: View Original Source

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