A Florida law enacted on July 1, 2010, allows homeowner and condominium associations to seize rent from tenants who rent from delinquent owners — even before foreclosing.
After obtaining a court order to seize the rent, the associations can collect what is owed, said Tampa lawyer James De Furio, whose practice is devoted to associations.
Commentary:
The Times article is somewhat misleading. Property is not being “seized” by associations. When the association forecloses and takes title it may rent out the property. In a pending foreclosure the association may ask the court to order rents to be paid to a receiver or into the registry. The new statutes allow for a demand for rents without filing suit and eviction if the rents are not paid. See F.S. §718.116(11) for condos and 720.3085(8) for homeowners.
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