. For rules violations, associations can suspend privileges (as well as levy monetary penalties) provided due process
is followed and the suspension of privileges is part of the association's published policy
for rules enforcement. Such suspensions must be temporary and should be appropriate to the particular violation. Associations should seek legal counsel for assistance in drafting appropriate language.Delinquent Assessments
. Associations may suspend a member's rights and privileges provided the right to suspend is in the association's collection policy
and due process
1. ALLOWABLE SUSPENSIONS
a. Board of Directors. A delinquent member can be removed from the board of directors if provided for in the governing documents, i.e., they require that directors be in good standing.
b. Cable TV.
If an association has a bulk contract with the cable company, those services can be suspended.
c. Clubhouse. Use of the clubhouse for functions unrelated to association elections can be suspended.
d. Committee Membership. A delinquent owner can be removed from committees.
e. Laundry Facilities. If laundry machines are paid through owners' dues, the service can be suspended. If they are coin operated, the service cannot be suspended.
f. Miscellaneous. Receiving and sending calls through the
association's switchboard (mostly highrise associations) can be
suspended as well as signing for packages and deliveries (mostly
associations with onsite staffing). The announcement of guests can be
suspended (mostly gated communities and highrises), i.e. guests can be
turned away and told to contact the owner and have him/her meet the
guest at the front gate or building entrance.
g. Parking. Associations that provide valet parking (mostly
highrise associations) can suspend those privileges to delinquent owners
and their family and guests. Guest parking can also be suspended.
h. Recreational Facilities. Use of the recreational facilities such as the pool, gym, tennis courts, etc. may be suspended.
i. Voting Rights. A delinquent member's voting rights can be suspended.
2. DISALLOWED SUSPENSIONS
Associations cannot suspend elevator service. Elevators have been classified in landlord-tenant law as a
utility that cannot be suspended. Moreover, if an elderly or medically challenged owner or guest is forced to walk up
stairwells and has a heart attack, the association will likely be sued.Impact of Suspension
Associations cannot bar owners and guests from walking through the lobby.
Owners have the right of ingress/egress.
c. Meeting Attendance. Board meeting attendance may not be suspended.
d. Trash Collection. Trash collection may not be suspended.
The courts treat associations as landlords when it comes to utilities.
Under landlord-tenant law, landlords may not interfere with or
terminate utility services (gas, electricity, heat, etc.).
. If there are multiple owners of a
unit/lot, the suspension of rights/privileges for one owner suspends the
rights/privileges of all residents of that unit/lot. The suspension also extends to renters
: Boards may contact us
for a review of their association's policies and procedures related to the suspension of privileges.