Q&A: Penalizing a Renter for Delinquent Owner?

We have an owner in our condominium association who is several months behind in his fees. He currently has a tenant renting out his unit. The association pays the bill for his water, sewage, pool and other amenities. Do we as an association have the right to take any of these amenities away from the renter, and would it be possible to have the renter pay his monthly rent to the association until the delinquency is resolved?”

—Concerned in Clearwater

“Effective July 1, 2010,” says Robert Kaye, managing member of Kaye Bender Rembaum, based in Pompano Beach, “ Florida Statutes were amended, in Sections 718.116 and 718.303 F.S., to authorize condominium associations to collect rent directly from the tenant of an owner who is delinquent to the association in any monetary obligation for more than 90 days, and to suspend the use rights of the delinquent owner, as well as his or her guests and/or tenants, to use certain common facilities of the condominium. However, suspension of utility services provided to the unit is not permitted under the amended Statutes.”

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