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We Have Condominium Owners Who Do Not Pay Their Dues. Can We Deny Them Use of Their Parking Spaces in Order to Force Payment?

July 16th, 2013

Posted in Condominium & Homeowner Association Law

A condominium association is specifically prohibited by law from suspending use of parking spaces by unit owners, or occupants, licensees, or invitees of unit owners.  See F.S. 718.303(4) (2013).  However, the condominium association is able to suspend use of other certain common elements and condominium property, including any amenities (pools, tennis courts, etc.).  Before doing so for reason of non-payment (which by law is described as non-payment of a monetary obligation to the Association that is more than 90 days past due), the Board must approve such suspension at a Board meeting and provide written notice of the suspension to the unit owner and, if applicable, the unit owner’s occupant, licensee, or invitee by mail or hand delivery.

The Board is encouraged to discuss with counsel other potential enforcement actions that may be considered in order to collect past due amounts owing to the Association from delinquent owners.

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