Dear Poliakoffs: We live in a 47-unit condo in Palm Beach County. One of the owners has not paid for maintenance in 10 months. The association pays the water and cable. Can the association under Florida condo law shut off the unit water and cable for nonpayment of maintenance after notification? – P.P.
Dear P.P.: Your question is an extremely frequent one, as many condo associations have common utility contracts. Effective July 1, 2010, in addition to its ability to file a lien against a unit that is delinquent in paying its share of the common expenses and foreclosing on that unit, a condominium association may deny a unit owner who is delinquent for more than 90 days the right to use the common elements, common facilities or other association property, until the monetary obligation is paid.
In addition, if the delinquent unit owner also happens to be a member of the board, he or she is deemed to have abandoned the office, creating a vacancy to be filled in accordance with law.
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