Wednesday, July 27, 2011

Do Section 8 Tenants Need to Comply with an Association's Demand for Rent?

A tenant renting property in the Willoughby Estates Homeowners' Association received a Demand for Rent from the HOA as a result of the landlord/owner owing the association almost $3,000. Not so unusual in today's market except this particular tenant was receiving a Section 8 rent subsidy.

While the tenant agreed to pay her portion of the rent ($275.00) to the HOA, the West Palm Beach Housing Authority refused to pay its portion ($1,509.00) as demanded by the association pursuant to Section 720.3085(8). The Housing Authority claimed it was exempt from the application of this statute. The association refused to take no for an answer and went to court.

On July 19th, the association was rewarded for its tenacity with an order requiring the West Palm Beach Housing Authority to tender its portion of the monthly rent to the association until the past due assessments, interest and other fees were paid off.

This is welcome news for associations who continue to use the statutory ability to collect rent from tenants in delinquent properties which was granted two years ago and further clarified in the 2011 Session. Interestingly enough, there was no mention in this case as to whether or not later passed amendments to the HOA Act applied to this community's declaration.

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