Suspension of Privileges

Can a Florida Homeowners Association Suspend Voting Rights and Facility Privileges of Delinquent Owners?

Associations are allowed to suspend common area and facility privileges of non-compliant members, except that the suspension cannot affect utility access, ingress and egress, or parking rights. Fla. Stat. §720.305(2)(a). Suspensions cannot become effective until the association provides the member at least 14 days’ notice of the proposed suspension and the opportunity to be heard by a committee; however, if non-compliance results from failure to pay assessments or other amounts due to the HOA, no hearing is necessary, and the suspension cannot take effect until the amount is at least 90 days past due. Fla. Stat. §720.305(2) and (3).

Voting rights may likewise be suspended, with no hearing necessary, if amounts owed to the association by a member are at least 90 days past-due. Fla. Stat. §720.305(4). Any suspension of either common facility access or voting rights must be approved by majority vote of the board. Fla. Stat. §720.305(5).