Fla. Stat. § 718.116 provides associations lien rights on community properties arising from unpaid assessments.  These unpaid assessments may in fact be foreclosed upon.

The Condominium Act was amended effective July 1, 2010 to allow an association to demand that a tenant in possession pay any future monetary obligation related to unit, i.e. rent, direct to the association.  See,  Fla. Stat. § 718.116(11).  This is commonly known as “rent interception,” and if the tenant fails to comply, the tenant may be subject to eviction.

The statute allows the association to demand the “tenant pay to the association the subsequent rental payments and continue to make such payment until all monetary obligations of the unit owner related to the unit have been paid in full to the association.” Id.  The rent interception statute provides the association a tool to preclude an owner, who is often in foreclosure, from pocketing the rent  obligation while shorting the owner’s obligation to the association.

 

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