In 2010, the Florida legislature passed Statute §720.3085(8) enumerating powers for Florida Homeowner Associations (HOA) to bypass property owners in order to collect delinquent assessments fees directly from their tenants. The statute is designed to hold homeowners accountable for past due fees by disallowing them to collect rent from tenants residing within the community.
How it works
If you are a homeowner with a delinquent HOA account your best bet is to pay the past due fees as soon as you are able. Per Florida law, an HOA is not only able to garnish rent from your tenant in order to collect their fees, but they could file a lien on the property—against both you and your tenant, and even foreclose on it.
First, the HOA will provide your tenant with written notification of your delinquency and demand payment as an ongoing obligation, noting that should the tenant refuse to comply with their demands, they could face eviction from the property. Most tenants do not wish to be ejected from their homes and will work in good faith with the HOA to remain in the property, which in turn makes them immune from any claim you, as the landlord would bring upon them. If the Association is unable to collect the fees, they can then seek damages against you, which could ruin your credit, and result in the loss of your property.
If, for example, you are already in foreclosure proceedings with your mortgage lender, something like this could make an already difficult circumstance even more excruciating. Stephen K. Hachey, a Florida real estate attorney, that can help you navigate this process and make the most of a difficult situation. Contact him at 813-549-0096.