Fla. Stat. § 719.303 Obligations of owners.

You’re browsing publicly.

You’re browsing publicly. Statutes, search, and the tools stay open, including a one-off document scan. A free account saves that document, connects it to your association, and lets you compare it later or share it with other members, plus bookmarks and forum posting.

Plain-English summary

Common Elements summary — Section 719.303 is the cooperative enforcement statute. Every member, tenant, occupant, and guest must comply with the cooperative documents and Chapter 719. The association's remedies are damages, injunctive relief, any other legal or equitable relief, and the right to levy fines after notice and a hearing before an independent committee of members. The fine procedure parallels condo 718.303: 14-day written notice, hearing before a committee of at least three members who are not officers or directors and not related to officers or directors, statutory cap of $100 per violation with a $1,000 aggregate for continuing violations (unless the bylaws set lower limits). The committee must affirmatively approve the fine — if it doesn't, the fine cannot be imposed. For boards: cooperatives have an additional remedy that condos lack — the proprietary lease is a contract, and the association can pursue lease-termination proceedings under Chapter 83 for serious rule violations. This is the "nuclear option" and should never be invoked without counsel, but it's a meaningfully stronger enforcement lever than condo equivalents.

Not legal advice. Statute reference is for education only. Confirm citations on official sources and consult a Florida attorney for your situation.

Statutory text

Search all statutes

Each unit owner, each tenant and other invitee, and each association shall be governed by, and shall comply with the provisions of, this chapter, the cooperative documents, the documents creating the association, and the association bylaws, and the provisions thereof shall be deemed expressly incorporated into any lease of a unit. Actions for damages or for injunctive relief, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against: (a) The association. (b) A unit owner. (c) Directors designated by the developer, for actions taken by them prior to the time control of the association is assumed by unit owners other than the developer. (d) Any director who willfully and knowingly fails to comply with these provisions. (e) Any tenant leasing a unit, and any other invitee occupying a unit. The prevailing party in any such action or in any action in which the purchaser claims a right of voidability based upon contractual provisions as required in s. 719.503(1)(a) is entitled to recover reasonable attorney’s fees. A unit owner prevailing in an action between the association and the unit owner 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 unit owner 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. Actions arising under this subsection shall not be deemed to be actions for specific performance.

A provision of this chapter may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision, except that unit owners or members of a board of administration may waive notice of specific meetings in writing if provided by the bylaws. Any instrument given in writing by the unit owner or purchaser to an escrow agent may be relied upon by an escrow agent, whether or not such instruction and the payment of funds thereunder might constitute a waiver of any provision of this chapter.

The association may levy reasonable fines for failure of the unit owner or the unit’s occupant, licensee, or invitee to comply with any provision of the cooperative documents or reasonable rules of the association. A fine may not become a lien against a unit. A fine may be levied by the board on the basis of each day of a continuing violation, with a single notice and opportunity for hearing before a committee as provided in paragraph (b). However, the fine may not exceed $100 per violation, or $1,000 in the aggregate. (a) An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the cooperative documents or reasonable rules of the association. This paragraph does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators. (b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ written notice to the unit owner and, if applicable, any occupant, licensee, or invitee of the unit owner 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. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the committee does not approve the proposed fine or suspension by majority vote, the fine or suspension may not be imposed. If the proposed fine or suspension is approved by the committee, the fine payment is due 5 days after the date of the committee meeting at which the fine is approved. The association must provide written notice of such fine or suspension by mail or hand delivery to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner.

If a unit owner is more than 90 days delinquent in paying a monetary obligation due to the association, the association may suspend the right of the unit owner or the unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the monetary obligation is paid in full. This subsection does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators. The notice and hearing requirements under subsection (3) do not apply to suspensions imposed under this subsection.

An association may suspend the voting rights of a unit or member due to nonpayment of any monetary obligation due to the association which is more than 90 days delinquent. A voting interest or consent right allocated to a unit 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 cooperative documents, articles of incorporation, or bylaws. The suspension ends upon full payment of all obligations currently due or overdue the association. The notice and hearing requirements under subsection (3) do not apply to a suspension imposed under this subsection.

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

Synced from the Florida Legislature’s official site. Verify the current version before citing.

Does your association comply?

Run your governing documents through the compliance scan. It checks them against the rules that apply in your state.

Run the compliance scan

Put this statute to work

Free tools for Florida boards and owners. No account needed.

Governing Document AnalyzerUpload your CC&Rs, declaration, or bylaws for an instant scan of clauses your state statute or federal law may have already overridden.

Obligations of owners.

Plain-English summary

Statutory text

Does your association comply?

Put this statute to work

Community discussion

Watch this statute

Your governing documents

More Florida statutes

Plain-English summary

Statutory text

Does your association comply?

Put this statute to work

Save your place and go deeper

Community discussion

Watch this statute

Your governing documents

More Florida statutes