Question:
Good afternoon, I have a tenant rented in a condominium. The association has just put a piece of paper on the door with the owner’s debt to the association, where they tell the tenant that the rent must be paid to the association to settle the owner’s debts. . it’s right?
Thanks
– Sandra
Answer:
Section 718.116 of the Florida Condominium Act permits condominiums to collect rental payments to credit toward delinquent dues of the unit owner. Subsection(11)(a) states:
“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.”
However, the association must provide the tenant a notice, by hand delivery or United States mail and must mail written notice to the unit owner of the association’s demand that the tenant make payments to the association. The notice must also substantially follow a certain form outlined in the same subsection.
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