COLLECTING RENT FROM RENTERS TO PAY
FOR UNPAID DUES?
By
Jan Bergemann
Published
January 23, 2015
Since our Florida legislators are obviously
getting too much money in campaign funds from the banking lobby,
the legislature created all kind of band-aids to help the
community associations in financial distress caused by the many
foreclosures -- instead of making the mortgage lender for their
stupidity and greed. Make no mistake: The whole foreclosure
crisis was caused by the lending policies of the mortgage
companies, allowing people to borrow money to buy homes they
were never able to repay.
Every honest banker in the world will tell
you that financing 100% plus of the purchase price of a new home
is a recipe for disaster. But the US Bankers had no problems
doing it – and we all saw the results.
One of the “remedies” the Florida
Legislature came up with was a provision allowing associations
to collect the rent from a renter of a unit/home that was rented
by the owner [FS
718.116(11) +
FS 720.3085(8)].
Does it really work? Eric claimed in Monday’s
blog that it is a provision that it is a remedy that actually
works.
I disagree. Not only has this provision been
used for serious fraud – Blanket Receivership Scam – it has as
well cost many associations legal fees they were never able to
recover.
One of the requirements of this provision is
for an attorney to write a demand letter to the renter and – if
the renter isn’t paying the rent to the association – to sue for
eviction. I have over the years heard from many associations
that the renters refused to pay and rather moved out a month or
two later, leaving the association with the attorney bill.
In my opinion the
party causing the damage in
the first place should be held liable for paying
.
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Jan Bergemann is president of Cyber Citizens For Justice,
Florida
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
community
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associations. He moved to
Florida
in 1995 - hoping to retire. He moved into a HOA, where the
developer cheated the homeowners and used the association dues
for his own purposes. End of retirement!
CCFJ was born in the year 2000, when some owners met in
Tallahassee
- finding out that power is only in numbers. Bergemann was a
member of Governor Jeb Bush's HOA Task force in 2003/2004.
The organization has two websites to inform interested
Florida
homeowners and condo owners:
News Website: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
We think that only owners can really represent owners, since all
service providers surely have a different interest! We are
trying to create owner-friendly laws, but the best laws are
useless without enforcement. And enforcement is totally lacking
in
Florida
!
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