Suspension of Amenity Use

Under the new Florida Association laws that went into effect on July 1, 2010, a Condo Association is now able to restrict use of amenities to a Unit Owner who is delinquent in their assessments. So that means the Owner’s use of amenities, like the use of the pool and fitness center, can now be suspended. There have been some questions brought up as to how far an Association can go in it’s suspension of amenity privileges, such as if the Association provides remotes or key fobs for entry into buildings, can those privileges be suspended. If the only means of access into the Owners Unit is through means such as using a remote or key fob, the Association cannot suspend such services. However, if an Owner can walk around a building or go up a few floors to access a main entrance in order to gain access their Unit, the Association can suspend use of such amenities that allow easier access for Owners. The Association must not impede the Owners access to their Unit, but they can take away convenient access to the Unit. This can also apply to such things as access to gated Associations, and possibly private elevators. As with most issues, all angles must be reviewed before a final determination of suspending not just Condominium and HOA amenities in general, but also specific ones that could prevent any type of access to a Unit.

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