New Provisions Regarding the Payment of Rental to Condominium, Cooperative,
and Homeowners' Associations by the Tenant of a Delinquent Owner
As mentioned by the speaker at SCCA's June 18, 2011, meeting, Florida House Bill 1195 made changes to the law concerning the ability of associations to require the tenant of a condominium unit owner, cooperative shareholder, or homeowners' association parcel owner who is delinquent with his or her obligations to the association to pay rent to the association instead of to the unit owner, shareholder, or parcel owner.
Among other things, the applicable statutes now require specific language for the notice that must be sent to the tenant by the association.
These changes are effective July 1, 2011.
Note: SCCA can not provide legal advice. If you have questions about these provisions or how to apply them, consult your attorney!!
Below are the applicable statutory provisions in effect on July 1, 2011:
718.116
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(11)(a)
If the unit is occupied by a tenant and the unit owner is delinquent in paying
any monetary obligation due to the association, the association may make a
written demand that the tenant pay to the association the subsequent rental
payments and continue to make such payments until all monetary obligations of
the unit owner related to the unit have been paid in full to the association.
The tenant must pay the monetary obligations to the association until the
association releases the tenant or the tenant discontinues tenancy in the unit.
1. The association must provide the tenant a notice, by
hand delivery or
Pursuant
to section 718.116(11), Florida Statutes, the association demands that you pay
your rent directly to the condominium association and continue doing so until
the association notifies you otherwise.
Payment due the condominium association may be in the
same form as you paid your landlord and must be sent by
Your
obligation to pay your rent to the association begins immediately, unless you
have already paid rent to your landlord for the current period before receiving
this notice. In that case, you must provide the association written proof of
your payment within 14 days after receiving this notice and your obligation to
pay rent to the association would then begin with the next rental period.
Pursuant
to section 718.116(11), Florida Statutes, your payment of rent to the
association gives you complete immunity from any claim for the rent by your
landlord for all amounts timely paid to the association.
2. The
association must mail written notice to the unit owner of the association's
demand that the tenant make payments to the association.
3. The
association shall, upon request, provide the tenant with written receipts for
payments made.
4. A
tenant is immune from any claim by the landlord or unit owner related to the
rent timely paid to the association after the association has made written
demand.
(b) If
the tenant paid rent to the landlord or unit owner for a given rental period
before receiving the demand from the association and provides written evidence
to the association of having paid the rent within 14 days after receiving the
demand, the tenant shall begin making rental payments to the association for the
following rental period and shall continue making rental payments to the
association to be credited against the monetary obligations of the unit owner
until the association releases the tenant or the tenant discontinues tenancy in
the unit.
(c) The
liability of the tenant may not exceed the amount due from the tenant to the
tenant's landlord. The tenant's landlord shall provide the tenant a credit
against rents due to the landlord in the amount of moneys paid to the
association.
(d) The
association may issue notice under s. 83.56 and sue for eviction under ss.
83.59-83.625 as if the association were a landlord under part II of chapter 83
if the tenant fails to pay a required payment to the association after written
demand has been made to the tenant. However, the association is not otherwise
considered a landlord under chapter 83 and specifically has no obligations under
s. 83.51.
(e) The
tenant does not, by virtue of payment of monetary obligations to the
association, have any of the rights of a unit owner to vote in any election or
to examine the books and records of the association.
(f) A court may supersede the effect of this subsection by appointing a receiver.
REFERENCE: Enrolled Florida House Bill 1195, lines 820-901.
719.108
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(10)(a) If
the unit is occupied by a tenant and the unit owner is delinquent in paying any
monetary obligation due to the association, the association may make a written
demand that the tenant pay to the association the subsequent rental payments and
continue to make such payments until all monetary obligations of the unit owner
related to the unit have been paid in full to the association. The tenant must
pay the monetary obligations to the association until the association releases
the tenant or the tenant discontinues tenancy in the unit.
1. The association must provide the
tenant a notice, by hand delivery or
Payment
due the cooperative association may be in the same form as you paid your
landlord and must be sent by United States mail or hand delivery to ...(full
address)..., payable to ...(name)....
Your
obligation to pay your rent to the association begins immediately, unless you
have already paid rent to your landlord for the current period before receiving
this notice. In that case, you must provide the association written proof of
your payment within 14 days after receiving this notice and your obligation to
pay rent to the association would then begin with the next rental period.
Pursuant
to section 719.108(10), Florida Statutes, your payment of rent to the
association gives you complete immunity from any claim for the rent by your
landlord.
2. The
association must mail written notice to the unit owner of the association's
demand that the tenant make payments to the association.
3. The
association shall, upon request, provide the tenant with written receipts for
payments made.
4. A
tenant is immune from any claim by the landlord or unit owner related to the
rent timely paid to the association after the association has made written
demand.
(b) If the
tenant paid rent to the landlord or unit owner for a given rental period before
receiving the demand from the association and provides written evidence to the
association of having paid the rent within 14 days after receiving the demand,
the tenant shall begin making rental payments to the association for the
following rental period and shall continue making rental payments to the
association to be credited against the monetary obligations of the unit owner
until the association releases the tenant or the tenant discontinues tenancy in
the unit
(c) The
liability of the tenant may not exceed the amount due from the tenant to the
tenant's landlord. The tenant's landlord shall provide the tenant a credit
against rents due to the landlord in the amount of moneys paid to the
association.
(d) The association may issue notice under s. 83.56 and
sue for eviction under ss. 83.59-83.625 as if the association were a landlord
under part II of chapter 83 if the tenant fails to pay a required payment to the
association after
(e) The
tenant does not, by virtue of payment of monetary obligations to the
association, have any of the rights of a unit owner to vote in any election or
to examine the books and records of the association.
(f) A court may supersede
the effect of this subsection by appointing a receiver.
720.3085
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(8)(a) If the parcel is
occupied by a tenant and the parcel owner is delinquent in paying any monetary
obligation due to the association, the association may demand that the tenant
pay to the association the subsequent rental payments and continue to make such
payments until all the monetary obligations of the parcel owner related to the
parcel have been paid in full to the association and the association releases
the tenant or until the tenant discontinues tenancy in the parcel.
1. The association must provide the tenant a notice, by
hand delivery or
Pursuant
to section 720.3085(8), Florida Statutes, we demand that you make your rent
payments directly to the homeowners' association and continue doing so until the
association notifies you otherwise.
Payment
due the homeowners' association may be in the same form as you paid your
landlord and must be sent by United States mail or hand delivery to ...(full
address)..., payable to ...(name)....
Your
obligation to pay your rent to the association begins immediately, unless you
have already paid rent to your landlord for the current period before receiving
this notice. In that case, you must provide the association written proof of
your payment within 14 days after receiving this notice and your obligation to
pay rent to the association would then begin with the next rental period.
Pursuant
to section 720.3085(8), Florida Statutes, your payment of rent to the
association gives you complete immunity from any claim for the rent by your
landlord.
2. A tenant is immune from any
claim by the parcel owner related to the rent timely paid to the association
after the association has made written demand.
(b) If the tenant paid rent to
the landlord or parcel owner for a given rental period before receiving the
demand from the association and provides written evidence to the association of
having paid the rent within 14 days after receiving the demand, the tenant shall
begin making rental payments to the association for the following rental period
and shall continue making rental payments to the association to be credited
against the monetary obligations of the parcel owner until the association
releases the tenant or the tenant discontinues tenancy in the unit. The association shall, upon request, provide the tenant with
written receipts for payments made. The association shall mail written notice to
the parcel owner of the association's demand that the tenant pay monetary
obligations to the association.
(c) The liability of the
tenant may not exceed the amount due from the tenant to the tenant's landlord.
The tenant shall be given a credit against rents due to the landlord in the
amount of assessments paid to the association.
(d) The association may issue
notice under s. 83.56 and sue for eviction under ss. 83.59-83.625 as if the
association were a landlord under part II of chapter 83 if the tenant fails to
pay a monetary obligation. However, the association is not otherwise considered
a landlord under chapter 83 and specifically has no obligations under s. 83.51.
(e) The tenant does not, by
virtue of payment of monetary obligations, have any of the rights of a parcel
owner to vote in any election or to examine the books and records of the
association.
(f) A court may supersede the effect of this subsection by appointing a receiver.
REFERENCE: Enrolled Florida House Bill 1195, lines 1947-2022.