RENTERS BEWARE! |
An
Opinion By Jan Bergemann Published March 12, 2011
I
would like to see some real solutions and some real relief for the owners
that still pay assessments in
The
Association members were given the false hope that they would get the much needed relief by allowing associations to collect future monetary obligations from renters living in homes/condos where the owners have stopped paying association dues.
But, as predicted [COLLECTING UNPAID DUES FROM RENTERS CREATES BILLING HOURS] the vague language -- created on purpose to keep attorneys busy -- caused many billing hours for law firms, but not real extra income for associations. Actually, the vague language in FS 720.3085(8), FS 718.116(11) and FS 719.108(10) just created more legal chaos at the expense of associations and the owners that still pay.
And we hear very often from these renters that they get kicked out of their homes, even if they pay associations the full rent -- a contradiction of Florida law caused by the fact that boards and association attorneys create their own interpretations of these laws.
We found a case where a tenant paid the whole rent to the association attorney, but the association wanted to foreclose on the unit anyway and kick out the tenant. On inquiry the renter was told that all six of his rent payments had been used to cover legal fees only.
Some law firms charge $100 for receiving each payment made by the renter. Lots of "administrative" fees are being charged by the service providers -- and in the end the associations -- the ones who were supposed to get relief from this provision -- end up with more or less nothing!
Renters in a condo in Ft. Myers found themselves stuck between a rock and a hard place. [New HOA law puts tenants in the middle] -- not knowing what to do.
Numerous lawsuits filed all over the State of Florida attest to the fact that attorneys are really the ones raking in the big bucks, profiting from this provision that was supposedly helping the associations.
Tampa attorney Scott Farrell warned already last year on Channel 10: "Florida Renters Beware" -- and makes it abundantly clear what dangers are waiting for the renter once he/she receives the association demand letter: "Remember if your landlord is not paying their homeowner's fees on time - there is a good chance the landlord is also not paying their mortgage on time. The problem there - you have no way to verify whether the mortgage on your rental property is current. In short, you could pay the delinquent homeowner's fees and still be evicted by the bank if the landlord fails to pay the mortgage."
Not only that, the renter may as well lose his/her security deposit and first and last month's rent. All the provisions in the new laws do absolutely nothing to protect the renter -- a renter who just happened to rent a home where the landlord has stopped paying association dues.
As much as I understand that associations desperately need money, the renters shouldn't be used as punching bags and even suffer financial losses caused by a bill that is a stupid excuse to protect the interest of the banking industry that caused the whole misery with their outrageous lending policies.
As
long as our legislators don't come up with solutions to protect the
renters, the only advice for renters should be: "As soon as you
receive from the association a so-called ‘demand letter’ that you
should pay the rent -- or part of it -- to the association, it's time to
look for a new home. Not very difficult in the moment --
Our
legislators should find some solutions other than allowing associations,
owners and bankers to wage a war on the backs of renters that actually have
no stake in the nonsense called community associations.
COLLECTING UNPAID DUES FROM RENTERS CREATES BILLING HOURS -- NOT EXTRA INCOME! CONDO RELIEF ACT? WHAT A JOKE! WATCH MAGIC WORDS: LIMITED TO THE LESSER OF ... |