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Old 07-20-2010, 08:47 AM
 
26,760 posts, read 41,178,051 times
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Under a new Florida law, homeowner association boards can go after renters for association fees when the homeowners fail to pay up.

The law has been attracting attention in Ponte Vedra Beach and elsewhere in the Beaches area because so many housing developments have homeowner associations.

“Associations are hemorrhaging,” said real estate attorney Barry Ansbacher, who represents the Marsh Landing homeowner association in Ponte Vedra Beach. “It’s not an isolated case anymore; there’s nobody that hasn’t been touched by this.”

Property owners are traditionally responsible for paying the fees, usually collected monthly or quarterly, to the associations. The fees are typically used to pay for common area maintenance in a residential development, legal and safety issues and enforcement of the covenants, conditions and restrictions set by the developer.

The law, which took effect July 1, says homeowner associations must notify renters that their payments should be paid directly to the association, not to a landlord who has failed to pay the organization.

New law shifts association fees from homeowner to renter
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Old 07-20-2010, 08:52 AM
 
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As a renter has no privity of contract with the HOA, good luck trying to enforce it.

Of course, we always have to remember that "things are different in Florida."

We'd all be better off if these HOAs went bankrupt, the HOA covenant on each parcel was quashed, and that nagging intrusion on people's property went away.
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Old 07-20-2010, 09:14 AM
 
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Land lords that couldn't even pay the HOA fee shouldn't be in the renting business to begin with.

Having read the article this isn't really a big deal if renters know exactly what the arrangments are. If the money goes to the association or to LL, it's alll the same from renters perspective. Not knowing the deal is the problem.
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Old 07-20-2010, 09:30 AM
 
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My only problem with the article is this "If the landlord files an eviction, it’s very important that the tenant doesn’t sit back and assume the payment to the association will protect them; they need to answer the eviction lawsuit,” Ansbacher said" in that (and I don't know that it does not) the law should stipulate that if the landlord files eviction because the tenant is simply following the law, that the landlord should be forced to reimburse the tenant for time & effort to fight the eviction. Also, I assume the law is not retroactive on fees past due during tenancy but only effective from the next rent payment due after initial notice.
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Old 07-21-2010, 10:26 AM
 
Location: East Tennessee
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This concerns me. What's next, the tenant pays an owner's property taxes and insurance? Ridiculous IMO.

I'm not totally convinced that the new law covers ALL real property either. I think the statute was enacted as part of the Distressed Condominium Relief Act of 2010 and may not apply to fee simple (single family homes). We shall see. There are lots of questions to be answered and loopholes to close before this is over. I see lawsuits.

There's some interesting dialogue on CCFJ. Here's one of many --> http://www.ccfj.net/CCFJS1196Renterlanguage.htm

Last edited by TampaKaren; 07-21-2010 at 10:38 AM..
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Old 07-21-2010, 01:34 PM
 
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Quote:
Originally Posted by TampaKaren View Post
This concerns me. What's next, the tenant pays an owner's property taxes and insurance? Ridiculous IMO.

I'm not totally convinced that the new law covers ALL real property either. I think the statute was enacted as part of the Distressed Condominium Relief Act of 2010 and may not apply to fee simple (single family homes). We shall see. There are lots of questions to be answered and loopholes to close before this is over. I see lawsuits.

There's some interesting dialogue on CCFJ. Here's one of many --> COLLECTING UNPAID DUES FROM RENTERS CREATES BILLING HOURS -- NOT EXTRA INCOME FOR ASSOCIATIONS!
Thanks for the link. I think it might be a good bill to have tenants a little bit less to worry.

If the tenant starts to pay the HOA they are assured they will be able to use the amenities , something the can't due to a lousy/bad LL. Many times their pool access card will be cancelled.

Also the HOA will not be able to foreclose on the home and the HOA is mostly in my area the one who forecloses the fastest...so the tenant can enjoy all they should while they are renting..

So to me that is a huge pro for the tenant.

I also see chances for lawsuits, but the LL probable won't have money to start a lawsuit
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Old 07-21-2010, 05:30 PM
 
1,500 posts, read 2,911,383 times
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Quote:
Originally Posted by TampaKaren View Post
This concerns me. What's next, the tenant pays an owner's property taxes and insurance? Ridiculous IMO
Good point on the slippery slope and how a renter becomes responsible for writing & delivering two checks instead of the one s/he signed up for.

But while placing burden on an otherwise innocent party seems unfair, there is precedence in that employers can be served garnishment orders from courts to withhold and deliver to the court a portion of their employee's pay. I do not know if they can charge a fee for that service. Perhaps the tenant should be given a discount for the inconvenience caused by the landlord and the law.
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Old 07-22-2010, 11:13 AM
 
26,760 posts, read 41,178,051 times
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Quote:
Originally Posted by housingcrashsurvivor View Post
Good point on the slippery slope and how a renter becomes responsible for writing & delivering two checks instead of the one s/he signed up for.

But while placing burden on an otherwise innocent party seems unfair, there is precedence in that employers can be served garnishment orders from courts to withhold and deliver to the court a portion of their employee's pay. I do not know if they can charge a fee for that service. Perhaps the tenant should be given a discount for the inconvenience caused by the landlord and the law.
I agree with the inconvenience and also to give the tenant a discount for that.


But i'm also glad if tenants can and will pay the HOA so the other HO don't have to face increased HOA dues due to the lousy LL who is just keeping the tenants money. This is helping other HO and also the tenant since the tenants will be able to use the amenities.

I know the LL is totally wrong and an A$$...but at least this way the burden for the people involved (tenant and neighbors) is less.
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