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What happens when property owners do not pay condo fees in Florida?

Florida – July 25, 2022

Condo fees are generally monthly assessments that the property assigns to each property owner to maintain the property and any major repairs or renovations that the board will agree upon in their annual budget. Owners are members of the condo association and get to vote on what the condos fees are and how they are spent.  Common expenditures include:

  1. Insurance on the building.
  2. Flood insurance on the building.
  3. Insurance for the association and public areas of the condominium.
  4. Grounds maintenance, tree trimming, grass cutting, mulching, weeding, etc.
  5. Exterior building maintenance, painting the building, power washing, repairs etc.
  6. Maintenance of the gate and entrance roads, parking lot repaving and sweeping etc.
  7. Some associations might have a guarded gate or neighborhood watch.
  8. Management services to enforce condo rules and regulations, collecting condo fees, paying contractors for services, accounting, etc.
  9. Pool heating and cleaning, maintenance and repair.
  10. Clubhouse maintenance, cleaning, electricity, water bills, etc.
  11. Maintenance and repair of any amenities like tennis courts, pickle ball, bocce ball, volleyball courts, basketball courts or the workout facilities, billiard rooms, libraries, etc.
  12. Pest control throughout the complex and even inside your unit.
  13. Escrow reserves funding.  Part of the condo fee goes into a savings account to pay for large expenditures like replacing the roof or repaving the parking lot when necessary, etc.
  14. Water and sewer (usually)
  15. Basic cable (usually)

Renters and condo fees.

Renters may not be responsible for condo fees as an owner is typically on the hook if there a lapse in payment and will suffer legal action.  Renters usually have a set monthly amount to pay, and it is important for property owners to make sure they plan for the right amount of rent to cover the condo fees and generate a positive cash flow for their investment. Experienced real estate attorneys can assist individuals with questions and actions regarding the need to pay condo fees for a property that is rented.

Condo association, tenant, or landlord?

Florida landlord and tenant law is at the foundation of many real estate transactions, including who is responsible for condo fees. Since landlords must maintain and repair property and any amenities provided at the property in a timely manner in Florida of 7 days after written notice by a tenant, it seems clear that the condo fees would be the owner’s responsibility. If repairs are not made, tenants may withhold rent or deduct costs from the next month’s rent. Real estate lawyers can file actions against property owners when they put a rented space in danger by not paying condo fees in Florida.  In many cases a condo association will sue a condo owner and if they do not pay fees, the association can lien their property and try to push foreclosure action.  Clearly this affects a renter, so it is important for all parties to consult with real estate lawyers in the event this type of confusion occurs.

Seek legal counsel.

Experienced Florida real estate attorneys can review condo documents, lease agreements, and identify the language that will support a renter’s rights against unethical or illegal practices toward eviction including non-payment of condo fees that a property owner is legally responsible for.

Legal Counsel, P.A.

189 S. Orange Ave., Ste. 1800
Orlando, Florida  32801

Phone: 407-982-4321

 

Sources.

  1. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/Sections/0721.03.html
  2. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html
  3. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.57.html
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