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       Florida Senate - 2010                                     SB 968
       By Senator Justice
       16-01002-10                                            2010968__
    1                        A bill to be entitled                      
    2         An act relating to condominiums; amending s. 718.116,
    3         F.S.; providing requirements for a notice of
    4         delinquency; prohibiting a condominium association
    5         from imposing certain penalties for delinquency during
    6         a notice period or while an objection made within such
    7         notice period is unresolved; providing an effective
    8         date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Subsection (11) is added to section 718.116,
   13  Florida Statutes, to read:
   14         718.116 Assessments; liability; lien and priority;
   15  interest; collection.—
   16         (11)(a) A notice of delinquency sent to a unit owner shall
   17  provide an overall total of assessments claimed and shall
   18  specify each assessment or charge that is claimed by the
   19  association, listing for each assessment or charge the date of
   20  the assessment or charge, the principal balance owed for the
   21  assessment or charge, and affiliated late fees or collection
   22  charges.
   23         (b) As to any statute or any provision in the governing
   24  documents that creates a restriction or condition upon a unit
   25  owner related to delinquency in the payment of moneys owed to
   26  the association, no such restriction or condition shall be in
   27  effect until 20 days after receipt of the delinquency notice by
   28  the unit owner. If the unit owner objects to the amount claimed
   29  within the 20-day period, no restriction or condition shall be
   30  enforced until the objection is resolved. For purposes of this
   31  paragraph, a “restriction or condition” includes any restriction
   32  on running for office, holding office, serving on a committee,
   33  leasing the unit, or using common areas.
   34         Section 2. This act shall take effect July 1, 2010.

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