JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
I keep finding some laws in FL that I kinda like … I think because they have so many HOA’s they are trying to eliminate major issues that have arose in the past. The reason I like this idea is why should the homeowner get the rent and yet not pay his HOA dues. This idea makes it fair that the HOA gets their dues and the HO gets balance, because the renter is using the HOA facilities.
Anyone know a definite statute regarding this article:
Law Makes Renters Settle Unpaid HOA fees
http://www.panhandleparade.com/index.php/mbb/article/new_law_makes_renters_pay_hoa_fees/27047/
The only items I have found as of yet regarding this are below and I do not see anything in essence “set in stone” regarding dues (or maybe I am missing something):
720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.
(1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:
(a) The association;
(b) A member;
(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and
(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.
(2) If a member is delinquent for more than 90 days in paying a monetary obligation due the association, an association may suspend, until such monetary obligation is paid, the rights of a member or a member’s tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines of up to $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, except that a fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney’s fees and costs from the nonprevailing party as determined by the court. The provisions regarding the suspension-of-use rights do not apply to the portion of common areas that must be used to provide access to the parcel or utility services provided to the parcel.
Anyone know a definite statute regarding this article:
Law Makes Renters Settle Unpaid HOA fees
http://www.panhandleparade.com/index.php/mbb/article/new_law_makes_renters_pay_hoa_fees/27047/
The only items I have found as of yet regarding this are below and I do not see anything in essence “set in stone” regarding dues (or maybe I am missing something):
720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.
(1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:
(a) The association;
(b) A member;
(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and
(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.
(2) If a member is delinquent for more than 90 days in paying a monetary obligation due the association, an association may suspend, until such monetary obligation is paid, the rights of a member or a member’s tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines of up to $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, except that a fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney’s fees and costs from the nonprevailing party as determined by the court. The provisions regarding the suspension-of-use rights do not apply to the portion of common areas that must be used to provide access to the parcel or utility services provided to the parcel.
