You currently lease a home or condominium unit located in a community governed by a homeowner or condominium association.  Your landlord has notified you that the association charges the landlord periodic assessments pursuant to its governing documents in order to properly maintain the common areas and for other purposes set forth in the governing documents.  Your landlord retains the obligation to pay these assessments under the terms of your lease.

Unbeknownst to you, your landlord has ceased paying the association assessments due to the landlord’s current financial status and the recession.  You are fully compliant and are not in default of any of your obligations under the terms of your lease with your landlord.  So, why should it matter to you that your landlord isn’t paying the association assessments?  Senate Bill 1196.

Senate Bill 1196 was recently signed into law and has a significant impact on tenants who lease properties governed by community associations.  This new law modified Florida Statutes §§ 718.116(11)  and 720.3085(8) to authorize a community association to demand that the tenant pay to the association all future monetary obligations related to the leased property if the landlord is delinquent in paying assessments due to the association.  The association’s demand for payment of the delinquent assessments from you is continuing in nature and only terminates if the association releases the tenant from said obligation or the tenant vacates the leased property.  The good news is that you would be entitled to receive a rent credit for all amounts paid to the association.  The bad news is that the association is empowered to sue you for eviction if you fail to timely pay the association the assessments when due.  The association, however, is not construed as your landlord and has no other duties to you.   Due to this new law, it is imperative that you consult with a competent real estate attorney to review your lease agreement to protect your rights in the event your landlord fails to timely pay its association assessments.

– Henry M. Cooper, Esq., is a shareholder and handles the residential real estate practice of Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at hcooper@boginmunns.com.

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