According to a WTSP News (CBS) Tampa report airing earlier this week, if you are renting a house or condo from a private owner, then YOU could now be liable for any unpaid Homeowners Association (HOA) fees! Why? Because as of July 1, 2010, Florida law now makes it possible for condo or homeowners’ associations to come after you for the unpaid HOA fees that your landlord should have been paying out of your monthly rent. That’s right, even if you are just the tenant renting from the homeowner, these fees can now be your problem. And it could be a big problem, even resulting in your eviction. As the WTSP News story explains, “Letters are already flying out from law firms throughout the Sunshine State threatening thousands of renters with eviction if they don’t start paying their landlord’s fees.”

So how do you know whether your landlord is keeping current? Well, you could certainly ask, and then hope that you receive an honest reply. If you’ve known your landlord to be reliable in the past, then it’s unlikely that you’ll have a problem. Typically, your first clue about any delinquency with HOA fees will arrive in the form of a letter requesting payment. “If you receive one of these letters demanding you pay your landlord’s fees – don’t, I repeat, don’t put the letter in your drawer and expect it to go away. The homeowners association has the ability to evict you for non-payment.” said the WTSP report, and “Your first call should be to your landlord to demand that he/she/it pay the fees within 48 hours.” If you are unsuccessful after contacting your landlord, you do have the right under Florida law to pay the delinquent HOA fees directly yourself, and then deduct that amount from your next rent payment to your landlord.

Unfortunately, if your landlord is delinquent in paying the HOA fees, then it is also possible that your landlord is similarly behind in making the mortgage payments! Thus, even if you pay the overdue HOA fees, you may still find yourself facing eviction by the bank, compounding your problems yet further. The bottom line, according to the WTSP report: “a landlord who fails to pay their homeowner’s fees after repeated warnings from the homeowners association is probably a landlord you want to cut ties with when you can.” Sounds like a good idea to me. For the full WTSP story: http://www.wtsp.com/news/columnist/story.aspx?storyid=140520&catid=79.

RB