[RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law

[Neil B. Shoter]

No doubt, given the newness of this legislation, there will be "practical" questions and problems that become evident and may lead to future modifications to the statute.  We can discuss these thoughts at our upcoming meeting.    Thanks for the input.

[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional
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Shutts & Bowen LLP
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________________________________
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of harry at evict.com
Sent: Sunday, July 25, 2010 2:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law

For those of you who don't have the time or need to wade through the entire new statute, I have attached this.

Harry Heist

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<mailto:harry at evict.com>
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.



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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