FLORIDA – Who gets the rent? Landlord or HOA?
ORANGE PARK, Fla. — Oakleaf Plantation is a community where property owners pay homeowners association dues. But what if the property owner rents his home and fails to pay those dues? “I’m kind of caught in the middle here,” said Kay Ferguson. Ferguson, 54, has been renting the same Orange Park house for two years. A few weeks ago she was hit with a demand of payment letter from the HOA. “The association wants the rent and if I don’t pay them the rent, they want to evict me,” said Ferguson. “At the same time, if I don’t pay the landlord, he wants to evict me.” Ferguson said she doesn’t know what to do and this dilemma has created sleepless nights. “It is stressful and I don’t know what to do,” she said.
What Ferguson doesn’t know is a change in the law protects her. The Florida Legislature changed the law to allow Homeowners Association to collect a tenant’s rent to satisfy delinquent HOA fees. She said the landlord is still insisting she pays him the rent. Read more: