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COLLECTION OF DELINQUENT ASSESSMENTS THRU RENT - POWERFUL TOOL FOR FLORIDA ASSOCIATIONS
Will collecting rents from tenants of delinquent owners help cash strapped associations? Florida enacted Florida Statutes 718.116(11) for condominium associations and 720.3085(8) for homeowner and property associations (and property associations) and 719.108(10) for cooperative associations effective July 1, 2010.  These laws are essentially identical and allow an Association to directly collect rents from Tenants occupying the home and if the Tenant fails to pay the Association, to evict the Tenant as if the Association were the landlord.
But I have been fielding many questions regarding this law, so it is time to address the most popular. (A copy of the 720.3085(8) is at the end of this article and the condominium /co-op statute is nearly identical).
1.  The Association assessment(s) must be delinquent.  The statute does not define delinquent, but the declaration or rules and regulations most likely does.  It does not apply to special assessments, but only regular budgeted assessments.
2.  The obligation of the Tenant is to future monetary obligations. The statute addresses future monetary obligations.  The key here is what is a "future monetary obligation"?  We can see from the application of the term that it is not the rent or monies due to the landlord, but only ... more

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