If a renter damages Association property, owner of unit that was rented is liable for repairs
Michael Bogen devotes his legal practice to representing hundreds of condominium and homeowner associations. Bogen, who is admitted to practice law in Florida, Washington, D.C., and Nevada, also is admitted before the United States District Court in the Southern and Middle Districts of Florida. He is assistant executive director of the Condo Council, which provides education to over 1,000 association members.
EMAIL: column@Condo Law.com How long in real estate? Since 1977 What made you get into real estate? Desire for home ownership and to help others achieve their home ownership goals. What separates you from other Realtors? Our vast knowledge and experience plus our availability seven days a week. Which neighborhoods/ areas are your specialties? Beach area and new construction projects A delinquent owner just sold his home a week ago. Neither the old owner nor the new owner has paid the delinquent balance to the association. May the association file a lien against the property since the delinquency still has not been resolved? Florida law gives the new owner 30 days to pay any amounts due to the association after acquiring title to the property. If the new owner does not pay within 30 days, the association may start the collections process against the new owner. Interestingly, Florida law allows the association to initiate legal action against both Describe your working style: We make ourselves available seven days a week. What advice do you have for buyers? Buy what you love and can comfortably afford. What advice do you have for sellers? Call us for a free market analysis of value and tips on staging property to sell faster. What’s one thing people would be surprised to know about you? We are a family business (Sandra, Patti, Dan and Debra Post) the old owner and new owner simultaneously. The old owners of a unit do not absolve themselves from their debt once they give up title to the property. A renter recently moved out and caused damage to the elevator in our association. When the Association asked her to pay for the damage, she laughed and said to take a hike. What can we do? Under Florida law, both the renter and the owner/landlord are jointly responsible for any damage caused by an owner’s tenants, guests, plus eight highly skilled associates. CALL Patti Post, (954) 650-3415; Sandra Post, (954) 650-3419 • VISIT CondoPages.com PRODUCT DEVELOPMENT MANAGER ADVERTISING DESIGNER SPECIAL SECTIONS WRITER SENIOR SALES MANAGER REAL ESTATE ACCOUNT EXECUTIVES Broward and Palm Beach Counties Dade County & Out of Area and invitees. This means that if the Association is unable to collect from the renter, unfortunately for the owner, the Association may go after the owner to recover for the repair bill. For the holidays, the board purchased small gifts for each other for their service on the board. Is this legal? Purchasing gifts for directors from association funds is not allowed, unless the association’s governing documents specifically allow such gifts or “rewards”.
GARRETT A. FOSTER
MICHAEL D. ROSS
MARIA SALES If I fail to pay my condominium association assessments, may the association disconnect my cable television since the payment of the cable television services are part of the monthly assessments? 954-425-1642 954-425-1029 954-425-1695 954-425-1234 954-425-1517 954-425-1640 Florida law states that directors must be natural persons who are at least 18 years of age and are not required to be members, or unit owners, of the condo association, unless the association’s articles of incorporation or bylaws so require. If the association’s articles of incorporation or bylaws require directors to be members, or unit owners, of the association, then the grantor of a trust or a beneficiary of a trust owning a unit shall be deemed a member of the association and eligible to serve a director. This analysis applies to condominium associations and homeowner associations.