Can a condo association violate the current florida statutes 718.116(11) and 718.303?

Asked over 3 years ago - West Palm Beach, FL

I have been renting a unit in a condo association for over 5 years and have been paying my rent to the owner. I found out the the unit owner is not only delinquent on his mortgage payments, but also his COA dues.
I was given a demand letter, provided written proof (reciept from wire transfer) according to 718.116(11). The property manager said that she can not confirm if the rent was paid, she needs confirmation from the delinquent owner. This is not what the law states in the demand letter. They have deactivated my gate clicker and acces to the pool, gym, and clubhouse without the owner being 90 days delinquent, he's only 52 days delinquent until my Sept 1, 2011 rent paymen is remitted to the Associatiom. I am going to pay the association, gladly. Do I have a case against them?

Attorney answers (2)

  1. Barry A. Stein

    Pro

    Contributor Level 18

    Answered . On your facts alone, it would appear that the association is participating in some self help that they may not be entitled to take. I would suggest you write to them pointing out the Statute and ask them if they have some rules or guidelines that they are reviewing that take precedence over the statute. Your case against them, if it exists, is to get the common area uses turned back on. Apparently you get attorney's fees if you prevail. Go and see a condominium law expert asap.

  2. Preston Hall Oughton

    Pro

    Contributor Level 11

    Answered . The association's Declaration of Covenants (CCR) will govern the relationship with the owners living or renting their units in the association. If those CCR provide for denial of access to the amenities for non-payment of assessments, then yes they deny access to amenities. Access to the property, however, is not an amenity and may constitute self-help eviction, which is not permitted in Florida.

    As for confirmation, if you have already provided written proof of payment as required by the statute, then you are incompliance.

    I recommend you seek a attorney in your area to assist you with this legal issue.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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