I am renting a foreclosed property(unware), I am not on a lease or contract. The HOA is taking my money but not paying the bank. Unit has been foreclosed since 10/2011 they paid the leins only for 2011.
Real Estate Attorney
I am glad you asked your question because you have several misunderstandings about your situation. First of all, not all leases have to be written, so even though you have not signed a written lease, by the fact that you are paying rent, you ARE on a lease. Secondly, neither you nor the HOA has any obligation to pay the bank. That is not the reason you are paying rent to the HOA. Florida law allows the HOA to demand that a tenant pay rent directly to the HOA if the owner is behind in his/her assesments to the HOA. In other words, the owner is not paying the HOA what is owed to the HOA, so the HOA is allowed to get it directly from you. The HOA is not your landlord, but if you do not pay the rent to the HOA, the HOA can evict you (assuming all required notices have been properly given). Everything about your lease stays the same exceot that you give the rent money to the HOA instead of the landlord.
If you have a specific concern, please feel free to contact me directly via the links on my profile page.
SD "Coop" Cooper, Esq.
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Residential Real Estate Lawyer
From your question it is difficult to tell if the HOA foreclosed and took title in 2011 or if the bank is in the process of foreclosing. As Mr. Cooper stated, the HOA can seize the rent to pay past due assessments, but once the assessments are brought current they are not entitled to the rent unless they actually hold title to the property.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.