Suspension of Voting Rights in Florida (July 2011)

Perhaps this will clarify ‘good standing’ vs. ‘suspension of voting rights’ as defined in Chapter 720.305. Florida law distinguishes between the two.

Summary: Suspension of voting rights of a member can be authorized only by the Board and only if a member owes money for over 90 days and only if the owner is notified in writing that he/she cannot vote. Consequently, any search for owners who are not in ‘good standing’ is not relevant in this instance, because the BOD cannot disqualify any votes of members who are not in ‘good standing’ after the vote is taken. There is a process to this madness I will try to illustrate using the following example.

Step 1: On July 4th, Mr. Smith plants a banana tree which was not authorized. The BOD asks him to dig it up. Mr. Smith refuses. Mr. Smith is not in ‘good standing ‘. Mr. Smith can vote.

Step 2: On Agugust 4th, the BOD appoints a committee which reviews the case and finds Mr. Smith guilty. The committee imposes a fine of $100/day (up to $1K) for the banana violation and also suspends Mr. Smith’s rights to use common areas. Mr. Smith refuses to pay and also refuses to dig up the banana tree. Mr. Smith is not in ‘good standing’. Mr. Smith can vote.

Step 3. On Nov. 4th, the Board has a meeting and approves Mr. Smith’s voting rights be suspended. The Board notifies Mr. Smith in writing that he cannot vote until he pays the fine and digs up his, now blooming banana, tree. Mr. Smith’s voting rights have been suspended. (Side note: The board also votes to file a lien of $1K against Mr. Smith’s property)

Step 4: Once the Board approves that the banana loving Mr. Smith cannot vote, the quorum and the voting interest numbers are lowered by one.

Here is the entire section if you’d like to read it. Please let me know, if you read this chapter differently.

Section 18. Section 720.305, Florida Statutes, is amended to read:

720.305 Obligations of members; remedies at law or in equity; levy of
fines and suspension of use rights.—

(1) Each member and the member’s tenants, guests, and invitees, and
each association, are governed by, and must comply with, this chapter, the
governing documents of the community, and the rules of the association.
Actions at law or in equity, or both, to redress alleged failure or refusal to
comply with these provisions may be brought by the association or by any
member against:
(a) The association;
(b) A member;
(c) Any director or officer of an association who willfully and knowingly
fails to comply with these provisions; and
(d) Any tenants, guests, or invitees occupying a parcel or using the
common areas.

The prevailing party in any such litigation is entitled to recover reasonable
attorney’s fees and costs. A member prevailing in an action between the
association and the member under this section, in addition to recovering his
or her reasonable attorney’s fees, may recover additional amounts as
determined by the court to be necessary to reimburse the member for his
or her share of assessments levied by the association to fund its expenses of
the litigation. This relief does not exclude other remedies provided by law.
This section does not deprive any person of any other available right or
remedy.
(2) The association may levy reasonable fines of up to $100 per violation, against
any member or any member’s tenant, guest, or invitee for the failure of the
owner of the parcel or its occupant, licensee, or invitee to comply with any
provision of the declaration, the association bylaws, or reasonable rules of the
association. A fine may be levied for each day of a continuing violation, with a
single notice and opportunity for hearing, except that the a fine may not
exceed $1,000 in the aggregate unless otherwise provided in the governing
documents. A fine of less than $1,000 may not become a lien against a parcel.
In any action to recover a fine, the prevailing party is entitled to collect its
reasonable attorney’s fees and costs from the nonprevailing party as
determined by the court.
(a) An association may suspend, for a reasonable period of time, the right
of a member, or a member’s tenant, guest, or invitee, to use common areas
and facilities for the failure of the owner of the parcel or its occupant,
licensee, or invitee to comply with any provision of the declaration, the
association bylaws, or reasonable rules of the association.
(b) A fine or suspension may not be imposed without at least 14 days’
notice to the person sought to be fined or suspended and an opportunity for a
hearing before a committee of at least three members appointed by the board
who are not officers, directors, or employees of the association, or the spouse,
parent, child, brother, or sister of an officer, director, or employee. If the
committee, by majority vote, does not approve a proposed fine or suspension,
it may not be imposed. If the association imposes a fine or suspension, the
association must provide written notice of such fine or suspension by mail or
hand delivery to the parcel owner and, if applicable, to any tenant, licensee,
or invitee of the parcel owner.
(3) If a member is more than 90 days delinquent in paying a 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 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.
Suspension does not impair the right of an owner or tenant of a parcel to have 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.

(4) An association may suspend the voting rights of a parcel or member for the nonpayment of any monetary obligation due to the association that is more than 90 days delinquent. A voting interest or consent right allocated to a parcel or member which has been suspended by the association may not be counted towards the total number of voting interests for any purpose, including, but not limited to, the number of voting interests necessary to constitute a quorum, the number of voting
interests required to conduct an election, or the number of voting interests
required to approve an action under this chapter or pursuant to the
governing documents. The notice and hearing requirements under subsection
(2) do not apply to a suspension imposed under this subsection. The suspension ends upon full payment of all obligations currently due or overdue to the association.

(5) All suspensions imposed pursuant to subsection (3) or subsection (4)
must be approved at a properly noticed board meeting. Upon approval, the
association must notify the parcel owner and, if applicable, the parcel’s
occupant, licensee, or invitee by mail or hand delivery.

Imagine, some communities may have 10 delinquent members and now the association can pick and choose how many of those 10 members can vote and how many cannot vote? I think, Florida law should clearly define who is not eligible to vote. Only time will tell how this provision plays out.