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Important New Laws Regarding Condo Associations and Evictions
Lisa has lived in the same condominium unit for over five years without any problems. Her landlord, the unit's owner, just informed her that he is running low on money and has not been able to pay his condominium assessment fees. He insists that Lisa continue paying her monthly rent to him, but the condominium association just sent her a letter demanding that Lisa pay the monthly rent amount to the association. Lisa is very confused and wants to avoid any legal problems or a potential eviction.
Important new laws related to condominium associations went into effect in Florida on July 1, 2010. Below is a summary of the changes which directly relate to Lisa's case.
- If a tenant is occupying a condominium unit and that unit's owner is delinquent in payments to the association, the condominium association MAY demand that the tenant pay rent to the association instead of to the unit's owner.
- The tenant's obligation to the condominium association may not exceed the amount the tenant owes to the landlord.
- If the tenant complies with the association's demand for payment in good faith, that tenant is immune to claims from the unit's owner.
- If the tenant fails to pay a monetary obligation upon demand to the association, the association MAY sue for eviction as if they were the landlord.
If the condominium association or the unit owner sues for eviction, you should read all the documents that you receive from the courthouse, condominium association and the association's attorney. If you do not feel that you will be able to represent yourself in the court process, you may need to consult with an attorney.
Q: I have been served with a notice of violation of the condominium association's rules, but the other residents also violate the same rule. I am the only one who has been served with a notice. What can I do?
A: You cannot be evicted for violating a rule if the association does not require EVERYONE to comply with it. The association CANNOT use a rule or regulation to single someone out.
If you feel that you are being singled out by the association because of your race, color, religion, sex, familial status, national origin or disability (as well as sexual orientation, age or marital status in Palm Beach County), you may be a victim of discrimination under the federal Fair Housing Act, Florida Fair Housing Act, or local ordinance prohibiting discrimination in housing.
If you believe you have a valid claim under the Fair Housing Act please contact one of the below agencies.
The Fair Housing Project at the Legal Aid Society of Palm Beach County at (561) 655-8944
U.S. Department of Housing and Urban Development at (305) 536-4456
Palm Beach County Office of Equal Opportunity at (561) 355-4883
If you are being evicted, you may contact the agency below:
Florida Rural Legal Services at (561) 820-8902
IMPORTANT: The information on this Website is not intended as legal advice or representation. No attorney-client relationship is created between the Legal Aid Society of Palm Beach County, Inc. and any person obtaining information from this website. Public benefits and other laws change frequently. We strive to keep this website up to date but cannot provide a guarantee that this information is accurate as of the time you are reading it.