Delinquent Assessment Owners' use of common amenities

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.

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

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.