Common Elements is not a law firm and does not provide legal services. Plain-English summaries, topic guides, and synced statutory text help you find the right citation faster. Always confirm the current official version on the official leg.state.fl.us (statutes) or flrules.org (administrative rules) before relying on any citation.
Authorizes the owners association to assess an individual lot for enforcement and utility assessments, damage caused by the owner or occupant, and enforcement costs. Sets the order in which payments are credited and requires a notice-and-hearing process, including a description of the violation, the proposed charge, and the right to request a hearing, before imposing a charge for damages or an enforcement assessment.
Not legal advice. Statute reference is for education only. Confirm citations on official sources and consult a Ohio attorney familiar with community associations.
(A) An owners association may assess an individual lot for any of the following:
Enforcement assessments and individual assessments for utility service that are imposed or levied in accordance with the declaration, as well as expenses the board incurs in collecting those assessments;
Costs of maintenance, repair, or replacement incurred due to the willful or negligent act of an owner or occupant of a lot or their family, tenants, guests, or invitees, including, but not limited to, attorney's fees, court costs, and other expenses;
Costs associated with the enforcement of the declaration or the rules and regulations of the owners association, including, but not limited to, attorney's fees, court costs, and other expenses;
Costs or charges the declaration or bylaws permit.
(B) Unless otherwise provided by the declaration, bylaws, or rules, the owners association shall credit any amount it receives from a lot owner pursuant to this section in the following order:
To interest owed to the owners association;
To administrative late fees or enforcement assessments owed to the owners association;
To collection costs, attorney's fees, and paralegal fees the owners association incurred in collecting the assessment;
To the oldest principal amounts the owner owes to the owners association for the common expenses chargeable against the dwelling unit or lot.
(C) Prior to imposing a charge for damages or an enforcement assessment pursuant to this section, the board of directors shall give the owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing, that includes all of the following:
A description of the property damage or violation;
The amount of the proposed charge or assessment;
A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment;
A statement setting forth the procedures to request a hearing;
A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge or assessment, if such an opportunity to cure is applicable.
(D)
To request a hearing, the owner shall deliver a written notice to the board not later than the tenth day after receiving the notice this division requires. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the board immediately may impose a charge for damages or an enforcement assessment pursuant to this section.
If an owner requests a hearing, at least seven days prior to the hearing the board shall provide the owner with a written notice that includes the date, time, and location of the hearing.
The board shall not levy a charge or assessment before holding any hearing requested pursuant to this section.
Within thirty days following a hearing at which the board imposes a charge or assessment, the owners association shall deliver a written notice of the charge or assessment to the owner.
Any written notice that this section requires shall be delivered to the owner or any occupant of the dwelling unit by personal delivery, by certified mail, return receipt requested, or by regular mail.
Synced from the Florida Legislature’s official site. Verify the current version before citing.
Free account
Save your place and go deeper
A free account adds bookmarks, PDF export, uploaded governing documents, and side-by-side search with Florida statutes.
Bookmark statute sections you cite in meetings
Upload CC&Rs and bylaws with the same section finder
Common Elements is the always-on industry expo for community associations: vendor hall, professional community, and structured procurement, open 24/7. It complements the management and accounting software you already use; it does not replace it.
Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (July 14, 2026).
Put this statute to work
Free tools built around Ohio Rev. Code § 5312.11. No account needed.