When new owners purchase condominiums and other residences governed by homeowners' associations (HOAs), they agree to the terms of your HOA's bylaws. However, a tenant who rents a home in these communities—with the owner acting as the landlord—may not be subject to HOA rules. So what happens when a tenant breaks the code of conduct established by the community and its members?
In many states, HOAs are limited to
action against a homeowners association member whose tenants are causing trouble and have no oversight of the tenants themselves. Fortunately, Florida does allow HOAs to take action against tenants, up to and including eviction, but only in specific circumstances. Follow some procedures for the process to be legal.
Florida HOAs Can Deal With Tenants for Non-Payment Only
In the past, Florida parcel owners could leave the community, rent out their homes, and keep all of the rent money—and HOA couldn't take any action other than to foreclose.
In 2010, the Florida Legislature amended HOA laws concerning the right to collect payment for past-due association fees and assessments, giving tenants some accountability for a homeowner landlord's unpaid fees.
Today, Florida HOAs have the legal right to do the following:
- Collect past due assessments from tenants. Suppose a homeowner-landlord falls behind in his assessments. In that case, the HOA may serve a notice to a tenant demanding that rent be paid directly to the association. If the tenant complies, the landlord could credit the amount paid to the association against the landlord's debt. The tenant is released from the obligation to the HOA if he leaves the unit or pays the debt owed by the tenant's landlord in full. The tenant cannot be evicted from the residence by the landlord as long as rent payments continue.
- Prevent a tenant from exercising member rights. Florida law states that a tenant paying a homeowner's debt doesn't have any of the rights of an owner within the community, including the right to vote in elections or examine the association's records.
- Evict a tenant. Suppose the tenant receives a written demand for payment from the HOA but continues to pay rent to the homeowner-landlord. In that case, the HOA can evict the tenant on the grounds of failing to meet a monetary obligation.
A Lawyer Helps You Navigate and Avoid Tenant Disputes
Once again, Florida HOAs only have the right to remove tenants for non-payment. A tenant is obligated to follow the terms of a lease issued by the parcel owner and may not have ever seen (or agreed to) the HOAs community guidelines and bylaws.
However, the HOA can strengthen its position by including lease and rental terms in its governing documents, particularly to the enforceability and legality of landlord-tenant agreements.
How An Attorney Can Help
If you're having trouble with an owner or tenant on your property, an attorney can:
- Serve and enforce collections. HOAs are required to serve notice to tenants before assigning them the responsibility of paying a landlord's assessments. The notice must be made by the United States mail or hand delivery. The landlord should cite the Florida statute giving the HOA authority. Lastly, it needs to contain explicit language outlining remand rent payments to the homeowners' association. If payment still isn't made, we can intercede on your behalf to collect payment in full.
- Represent your interests. If your governing documents contain enforceable policies regarding delinquent tenants, have a lawyer inspect eviction actions. A lawyer could file liens or foreclosure action, representing the association to litigation.
- Strengthen your governing documents. Have a lawyer review the language and stipulations regarding rental in your governing documents. To ensure future binding, inform tenants of the terms and principles agreed upon by members.
Contact Condominium Associates
While we can't offer direct legal advice, we can help you find a lawyer that will work best with your board members to create successful solutions.
Contact us today if you need help! We are here for you.
