Changes to the Florida Condominium Act

[Little Fish]

All:

Just received an update on changes to the Florida Condominium Act that includes some new language that affects owners who become delinquent in monies due the HOA. Thought all might find this interesting:

Suspension of Use Rights and Fines:

• If a unit owner is more than 90 days delinquent in paying a monetary obligation, the association may suspend the right of a unit owner or a unit's occupants, licensee, or invitee to use the common elements, common facilities, or any other association property until the monetary obligation is paid...

Collections and Foreclosures:

• If a unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation to the association, the association may make written demand to the tenant that the tenant pay the future monetary obligations related to the unit to the association, and the tenant must make such payment.
• The association may evict a tenant who fails to pay a monetary obligation.

I assume these changes, which have gone into effect July 1, must have been added due to the rising number of foreclosures in Florida.

I own a unit in PCB and use it for rental purposes. My condo association sent a letter to all owners stating that if any of us fell 90 days behind in HOA fees, they would revoke our use, or our tenants use, of facilities to include beach access. Additionally, if we fell behind and they noticed tenants in our unit, they would demand the tenants pay the overdue funds or face immediate eviction.

Going after tenants for past due HOA fees? Denying access to the beach? Does anyone else think this is overkill?

Coming to an association near you...

Little Fish

 

[Em]

Hmmm. Often, parking is considered as common area, as are the sidewalks and balconies which lead to the condo. This should be interesting when lawsuits come about, where an owner isn't allowed access to his or her condo. The eviction part is also interesting. Can't wait to read about it in the court system. Seems like a nightmare of litigation may be forthcoming. And, who has to pay the court/legal fees for the condo, evicting the owner? My guess is that the HOA will be paying for that, and may actually lose.

I believe one of the major components of property rights includes access to property. Seems this addition, if true, would slap property rights in the face.

 

[Little Fish]

Hmmm. Often, parking is considered as common area, as are the sidewalks and balconies which lead to the condo. This should be interesting when lawsuits come about, where an owner isn't allowed access to his or her condo. The eviction part is also interesting. Can't wait to read about it in the court system. Seems like a nightmare of litigation may be forthcoming. And, who has to pay the court/legal fees for the condo, evicting the owner? My guess is that the HOA will be paying for that, and may actually lose.

I believe one of the major components of property rights includes access to property. Seems this addition, if true, would slap property rights in the face.

Murray:

Interesting points...

The law specifically prohibits the association from suspending the rights of an owner to receive utilities being provided to the unit as well as common elements necessary to access the unit, such as parking spaces, or elevators.

Doesn't mention sidewalks or balconies.

Little Fish

 

[Em]

Well there you go. So basically, the owner would lose only rights to amenities in common ownership of the HOA. Doesn't sound so terrible with that clarification.

Has this already become law or is this a propsal?

 

[GoodWitch58]

Florida Governor Charlie Crist | Governor Crist Authorizes Relief for Condominium Residents

Several measures empower community associations to collect funds from owners with delinquent assessments. Associations will now be able to collect funds directly from a tenant if the owner is delinquent in paying assessments, and the tenant can then deduct the cost from rent paid to the delinquent unit owner. Associations can also suspend the rights of an owner or occupant to use common areas and recreational facilities if the owner is more than 90 days late in paying any monetary obligation. Mortgage lenders will also be responsible for delinquent assessments on foreclosed properties for 12 months, rather than the current six months.

Effective date was July 1, 2010. Operating Statute is FS 718

 

[scooterbug44]

Given the number of people not paying their bills, I don't find it to be overkill at all.

Would you rather the condo association give the deadbeats the same access to the amenities they are not paying to maintain as those who are current and spend additional money trying to collect fees through the legal system?

 

[Matt J]

Given the number of people not paying their bills, I don't find it to be overkill at all.

Would you rather the condo association give the deadbeats the same access to the amenities they are not paying to maintain as those who are current and spend additional money trying to collect fees through the legal system?

That's not clear. Further, the law doesn't state that the tenant may deduct the fees due from their rent, which is what I'm assuming the purpose of this is.

I know of a local association that got an injunction from the court and cut off the water, cable, and trash service to a unit. Made it kind of difficult for the owner to rent anymore. This all took place prior to July 1, 2010.