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Condo Associations Get Tougher on Rent

Seeking to collect full amount from delinquent units, group proposes new legislation
By: Kenric Ward | Posted: January 17, 2011 3:55 AM
Naples Florida CondominiumsNaples, Florida Condominiums | Credit: Floridastock - Shutterstock
Reaching for a bigger "hammer," condominium associations want new legislation that will give them more control over delinquent units.

The 2010 Legislature granted associations unprecedented power to collect rent from tenants of privately owned condos. But associations are back this year to tighten the wording and expand their privileges.

Donna BergerDonna Berger
"In bill drafting, it sort of came out like Frankenstein's bride," said Fort Lauderdale attorney Donna DiMaggio Berger. "There's been considerable debate over whether you can collect full amounts (of rent)."

Berger's Community Action Network now seeks to codify that full rental amounts can be collected by associations until all past-due assessments are paid.

"Vague statutory language leaves the issue of whether full rent or merely the monthly assessment can be demanded up to costly debate," Berger said.

"The intent was to help make struggling associations whole, and collecting the full rent until the delinquency is paid off does that. Collecting only the monthly assessments while large sums remain unpaid does not."

Condo owners have countered that private rental arrangements are legal, contractual agreements between individual owners and tenants, and are therefore outside the purview of association control.

Berger's Community Action Network, which bills itself as the "leading advocate for the interests of millions of community association residents statewide," is pursuing other measures, as well, including:

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