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HOA News for Tenants
October 12th, 2010 10:18 AM

In July, there was a new law passed in the Florida senate that establishes a process by which a community association (condominium, homeowners' or cooperative) may collect rent from tenants of owners who are delinquent on association dues or have outstanding association fees.

From a recent article in realtors magazine:  "The tenant's obligation to the association may not exced the amount due from the tenant to his or her landlord.  The tenant is to get a credit for prepaid rent, and the landlord must give the tenant a credit for amounts paid to the association.  The association may also issue notices and take action to evict the tenant if he or she does not pay rent to the association.

The law does not direct a property manager who collects rent on behalf of the landlord to remit the rents to the association if the owner is renting the property and not paying the association fees.  However, if the owner continues to receive the rent from the property manager and is delinquent on the association fees, the association may evict the tenant.  Tenants may find themselves in a difficult predicament of having to choose who has the priority to receive the rent payments, the landlord under the lease agreement, or the association that has the power to evict."

There are other changes under this law that pertain to community associations.  The law contains a variety of changes that provide enhanced protections and disclosures to owners and the operation of condominium, cooperative and homeowners' associations.  A review of the changes can be downloaded: flsenate.gov/data/session/2010/Senate/bills/billtext/pdf/s1196er.pdf

 

 


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Posted by Barbara Doeringer on October 12th, 2010 10:18 AMPost a Comment

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