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Subject: Delinquent Assessment Owners' use of common amenities
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Author Messages
DanL4
(Florida)

Posts:2


07/19/2019 10:53 AM  
Having pored through our Statute 720, our Deed Restrictions and Bylaws, these old eyes cannot locate any reference to preventing a delinquent owners access to common facilities provided by the HOA.
Is there anything out there about this seeming common sense "rule"?
Dan
SamE2
(New Jersey)

Posts:199


07/19/2019 11:02 AM  
We did not have anything in our docs to stop delinquent owners from using common amenities. We were not happy about it but we left the delinquent owner use what ever he wanted to use.

DouglasK1
(Florida)

Posts:1466


07/19/2019 11:56 AM  
I'm not aware of any law governing this. I would expect this kind of restriction would be in your CCRs if anywhere. My association doesn't have this verbiage, but we have no amenities that could be restricted.

Escaped former treasurer and director of a self managed association.
AugustinD


Posts:2063


07/19/2019 12:00 PM  
Posted By DanL4 on 07/19/2019 10:53 AM
Having pored through our Statute 720, our Deed Restrictions and Bylaws, these old eyes cannot locate any reference to preventing a delinquent owners access to common facilities...



From Florida statute 720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.
"(3) If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection."

The statute goes onto explaining in what manner suspensions may be imposed.

See http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.305.html

GenoS
(Florida)

Posts:3371


07/19/2019 1:30 PM  
Posted By DanL4 on 07/19/2019 10:53 AM
Having pored through our Statute 720, our Deed Restrictions and Bylaws, these old eyes cannot locate any reference to preventing a delinquent owners access to common facilities provided by the HOA.
Is there anything out there about this seeming common sense "rule"?
Dan

This is in FS 720:

"If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full."

You didn't pore over it enough! Keep in mind such suspensions have to be officially done by the board and should be recorded in the minutes of the meeting where it's done.
SteveM9
(Massachusetts)

Posts:3432


07/19/2019 6:46 PM  
You could always prevent them from accessing their house by foreclosing and taking it away from them.

No pay? Foreclose. Simple.
DanL4
(Florida)

Posts:2


07/20/2019 4:57 AM  
Thank you so much AugustinD!!!

I must be going blind and appreciate the help very much.
Dan
JohnC46
(South Carolina)

Posts:8892


07/20/2019 9:29 AM  
Posted By SteveM9 on 07/19/2019 6:46 PM
You could always prevent them from accessing their house by foreclosing and taking it away from them.

No pay? Foreclose. Simple.




Steve

There have been court cases about this and the bottom line is you cannot deny one access to their home. Was one case where they were denied access via the main gate and had to use an out of the way back gate and the court said fine to that.
SteveM9
(Massachusetts)

Posts:3432


07/20/2019 11:40 AM  

There have been court cases about this and the bottom line is you cannot deny one access to their home. Was one case where they were denied access via the main gate and had to use an out of the way back gate and the court said fine to that.




After a foreclosure..... they no longer have a home.

Point is.... gotta be tough. We start foreclosure at 30 days late. At that point it goes to the lawyer. If they catch up, they owe approx $700 in lawyer fees, plus back dues. Never happens again.
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