[RPPTL LandTen] Two questions about association rent collection

[harry at evict.com]

I have some of the same questions as Shane.   My property management clients
are up in arms over this as they are being completely bounced out of the
situation most having valid and current property management agreements and
no ability now to collect the rent and get their commission. 

 

The result is that the property managers are dropping these owners and now
the condo/hoa's worst nightmare is coming true in that there will be tons of
tenants in these units with no property managers. 

 

 This new law has completely interfered with the contract between the owner
and the property manager. 

 

I have to admit that I was asleep at the wheel on this legislation and would
like to see if anyone is interested in getting some revised language for
next year to  protect the property managers and the condo/hoas at the same
time.

 

The property managers are in the best position to collect the rent, take
their cut and remit to the condo/hoa monies owed but there is no provision
for this.

 

Harry

 

LAW OFFICES OF 
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com <http://www.evict.com/>  
Email: harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Friday, July 23, 2010 3:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Two questions about association rent collection

 

Hello,

 

I a couple questions about the new association rent-collection provisions. 

 

First, if a homeowner has an unapproved tenant, is it an inconsistent legal
position to demand the tenant pays rent to the association? Does an
association have to officially recognize the tenancy before the rent demand
can be made?

 

Second, is there any dispute that "future monetary obligations" limits rent
collection to assessments going forward and not to the past-due balance?

 

The "future monetary obligations" is a disaster-associations can't recover
balances, and the homeowner still gets to keep whatever rent is left after
the monthly assessment is paid.

 

Thank you for your advice,

 

Shane Weaver, Esq.

Legal Aid Society of Palm Beach County

423 Fern Street, Suite 200

West Palm Beach, FL 33401

Tel. (561) 822-9785

Fax (561) 655-5269

 

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