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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 28090
Experience:  JA Mentor
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I live in a 30 unit HOA sub in Summerfield fl. Each lot is

Customer Question

I live in a 30 unit HOA sub in Summerfield fl. Each lot is individually owned All services are paid thru yearly assessment is garbage water grass cutting street lights community pool
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Florida
JA: Has any paperwork been filed?
Customer: My question is: can we shut the water service to delinquen homeownership?
JA: Anything else you want the lawyer to know before I connect you?
Customer: )downers or renter is responsible for their other services.
Submitted: 12 days ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 12 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Unfortunately, turning off water service is not allowed when homeowners do not pay their dues. Florida Stat., Section 720.305 allows an HOA to suspend an owner's right to use common areas and facilities when an owner is more than 90 days delinquent on a monetary obligation to the HOA. However, that statute "does not apply to that portion of common areas used to provide access or utility services to the parcel." It also doesn't allow the HOA to restrict the right to park or drive to/from a parking space. Other services provided by the HOA could be suspended, such as the right to use the community pool or the privilege of having the HOA cut delinquent owners' grass.

Before doing so, the board must give the owner 14 days notice and an opportunity to attend a hearing before a committee of three people who are not officers, directors, employees of the board or relatives of those who are. The statute has more information on the required hearings.

The association can also suspend a member's right to vote if common expenses are more than 90 days past due.

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Expert:  Lucy, Esq. replied 11 days ago.

Do you have any other questions about this?