The following question comes from a website visitor from Florida. We would like to thank our Partner, FirstService Residential, for providing the answer.
Q: If an owner of a condo is not complying with the rules and regulations concerning their home and renting, can the HOA start collecting the rent from the renters so the homeowners comply?
A: For condos in Florida, pursuant to Florida Statutes, Section 718.116(11), if a condominium unit is occupied by a tenant and the unit owner landlord is delinquent on maintenance dues, the Association may send a written notice letter to the tenant informing that party to pay rents directly to the Association until the delinquency is paid in full. However, if the owner is simply not complying with rules and regulations of the HOA, there is no remedy that allows for collection of the rent from the tenant. In the case of repeated violations of the rules and regulations, the association should consult with their attorney and consider drafting a legal letter placing the owner on notice of their failure to comply with the governing documents.
The information provided is not intended to and must not be construed as or relied upon as, providing professional, or legal advice of any kind on any issue. This information provided may change depending on the situation. For specific guidance about your community and market, please consult with an attorney or work with a certified community manager.
Please visit www.fsresidential.com to find your local FirstService Residential office.