Florida Condominium and Homeowner Association Evictions
Did you know that according to §718.116(11) of the Florida Statutes, a condominium association can demand payment of rent from a tenant if the unit owner is behind on their assessments? The same goes for homeowners’ associations under §720.3085 of the Florida Statutes. This means that if a unit owner or homeowner is in arrears on their payments, the community association can essentially garnish the rent from their tenant until the owner catches up.
What Happens When the Association Acquires the Rent?
According to §718.116(11)(a), the tenant is obligated to pay the condominium association until they are released from this obligation. However, the tenant can use the defense of prepayment if they have already paid rent to the unit owner and provide proof within 14 days of the association’s demand, as stated in §718.116(11)(b). From that point on, the tenant must pay the condominium association, and their payments will be credited against the owner’s monetary obligations.
What if the Tenant Doesn’t Pay the rent to the Association?
Florida community associations have the right to evict tenants, as outlined in Chapter 83 of the Florida Statutes. However, the commassociation is not considered a landlord under Chapter 83 and has no obligation to maintain the property, according to §83.51, Florida Statutes. If a tenant persistently violates the rules, the association may pursue an action for injunction to remove the tenant from the property, but it would not be considered an eviction under Chapter 83.
It’s worth noting that a tenant’s liability to the community association cannot exceed the amount due to the landlord, as stated in §718.116(11)(c). However, this can be difficult for the community association to prove if they are not in contractual privity with the tenant and the landlord refuses to provide documentation. Also, the tenant’s payments to the community association do not grant them voting rights or access to the association’s records, according to §718.116(11)(e). If a court appoints a receiver, the effects of §718.116(11) may be superseded, as mentioned in §718.116(11)(f).
954 Eviction Attorneys is Florida’s premier law firm for residential and commercial evictions. We cover all of Florida’s 67 Counties. Call us @ 954.323.2529 to learn more.