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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
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Experience:  12+ yrs. of experience including real estate law.
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Florida Statute 718.116(11) provides that a condo

Customer Question

Florida Statute 718.116(11) provides that a condo association may notify an owner's tenant to immediately pay rent to the association if the condo owner owes any money to the association. (No amounts or time periods are specified.) The owner is notified at the same time. Since there is no advance notice to the owner, how does this relate to owner's right to "due process"? Does this state statute override the federal Fair Debt Collection Practices Act notification requirements for collecting a debt? How can it nullify provisions of a legal contract (lease) between an owner and tenant?
In this case the notice was given four days before the rent is due (Nov. 1) and the owner had withheld payment of maintenance fees after receiving an incorrect statement. This Condo Assn. does not follow state condo statutes relating to answering owner correspondence directed to the board, notifying owners of board meetings, etc. In the past, only withholding maintenance fees has gotten their attention.
R. E. Bachelor
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 8 months ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 8 months ago.

Please give me some time to respond, I want to pull the statutes.

Expert:  P. Simmons replied 8 months ago.

Thank you for your patience.

It is important to understand that the “Fair Debt Collection Practices Act” (15 US Code 1692) applies ONLY to debt collectors who are defined as

"any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another."

What you are describing, the FDCPA will NOT apply to the condo association. So there is no issue with the federal statute overriding the state statue.

Now…if the HOA is not following the law? The owner can sue the HOA and request a court to order that the HOA does follow the FL law…but there is no issue of federal law trumping the state law (since the federal law will not apply)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 8 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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