Q We have an owner in our condominium association who is several months behind in
his fees. He currently has a tenant in his unit. The association pays the bill
for his water, sewage, pool and other amenities. Do we as an association have
the right to take any of these amenities away from the renter, and would it be
possible to have the renter pay his monthly rent to the association until the
delinquency is resolved?
—Concerned in Coral Gables
A “Effective July 1, 2010,” says Robert Kaye, managing member of Kaye and Bender P.L. based in Fort
Lauderdale,“ Florida Statutes were amended, in Sections 718.116 and 718.303 F.S., to
authorize condominium associations to collect rent directly from the tenant of
an owner who is delinquent to the association in any monetary obligation for
more than 90 days, and to suspend the use rights of the delinquent owner, as
well as his or her guests and/or tenants, to use certain common facilities of
the condominium. However, suspension of utility services provided to the unit
is not permitted under the amended Statutes.
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