Can a HOA demand the rent payment due to landlord because he hasn't paid his dues & assessments?

Asked by Paul, Hollywood, FL Sun Feb 22, 2009

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Mott Marvin…, Agent, Sunny Isles Beach, FL
Mon Feb 23, 2009
Paul~

It is very common to have an addendum to the lease that is signed by both the landlord and tenant. The addedum specifically covers the issue that you describe. Many associations are operating on shoe string budget due to owners not paying the monthly dues.

In recent updates to the rules and regulations, the subject is covered and a separate addendum is not needed. If your agreement with the landlord does not mention the payment of rent to the association- you are not necessarily bound to the requests and demands of the association.

The consequences could be that the association places a lien on the property and forces foreclosure or eviction.

Mott MArvin Kornicki, Broker/ Associate
Miami, Florida http://www.sibrealty.com
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Paul, , Hollywood, FL
Sun Feb 22, 2009
I moved in when it was a rental community. The development then converted to a HOA. I haven't had a lease with my landlord in 2 years, just "month to month" with a gentlemen's agreement to give 1 month notice. Have gotten 2 demand letters from the Association, stating ... "please be advised that the undersigned is the Managing Agent for --- Association. Our records indicate that the owner of the above referenced unit (i.e. landlord) has become delinquent in the payment of maintenance fees and/or assessment due to the Association. Please note that the --- Association is requesting to receive the entire rent due directly from you, as Tenant, and apply said rent against all assessments, interest, late charges, costs and attorney fees that are due to the Association from the Landlord". ... This was pinned to my door. The first letter in the mail said that according to their Condo Docs if the Unit owner isn't current in dues and assessments, then the rent is due the HOA, with failure to provide them with rent will result in eviction.
0 votes
Dallas Texas, Agent, Dallas, TN
Sun Feb 22, 2009
Executed lease agreement does it cover where YOU as Tenant pay HOA fees direct to them?

IF NO then all rent payments are directed to landlord who is held responsible has nothing to do with you

Confer with landlord or attorney.

Dallas Real Estate Agent, Mortgage Loan Officer, Credit repair consultant
– Lynn A. Crosby
Web Reference:  http://www.lynn911.com
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