CONDO LINE
Why should board check out renter?
BY RICHARD WHITE
CAMquestion@cfl.rr.com
Q: I own a condominium that I rent. On the application for lease, it states that a background and credit check will be done at the owner's expense. A board should not have the need for such a check, as the tenant pays the rent directly to me. What are the statutes that give an association board permission to do a background check?
L.F., De Bary
A: You must check your documents first to determine if the board has the right to screen and review prospective buyers and renters. Sometimes it is called right of first refusal (FS 718.612).
While the credit check would seem to only protect you, the facts are that residents do interact with other neighbors. It is a way to check that your renter does not have any skeletons in the closet. In addition, the board can inform you if you have a renter with a poor credit record, which might put you in a weak financial position to pay your fees.
The procedure you question is not a standard process for all associations because it may not be in their documents. I must assume that your documents state this is a requirement.
Q: If a foreclosed unit is vacated, can the board rent it out while waiting for the foreclosure to become effective and the unit sold? The time foreclosed units sit empty is at least two years, in our experience, and then we can only collect six months' of maintenance/special assessment dues.
B.T., Hollywood
A: Unless you hold title to the unit, you cannot rent it. In past columns I have urged boards to take fast action on delinquent units. This means having an attorney lien and foreclose on the unit quickly. The association can foreclose on a unit faster than a bank and can take advantage of the time to attempt to recover the delinquent and legal costs. Once the association has title, it has several options to get the unit paying the fees: contact the mortgage holder and ask if they will take title, rent the unit, and in some cases, sell the unit. Q: Our daughter is behind in her mortgage payment and also the condominium fees. She needs help and is talking to a company that provides loan modifications. The fee to use the service is over $2,500 and they will give her money to pay the back condominium fees and restructure the mortgage. What do you suggest?
M.N., Naples
A: Florida's attorney general has issued a consumer advisory on such services. He reports that homeowners need to be very cautious when companies ask for upfront fees, as Florida law prohibits this. To report such illegal actions, call the fraud hotline at 866-966-7226.
If you can, try to help your daughter with a small loan to provide her a chance to recover and at the same time, have her contact her mortgage lender to see if she can refinance directly with the bank. Look at the new Homeowner Affordability and Stability Plan at www.financialstability.gov. In addition, several charities have programs that can provide short-term grants.
Q: Our condominium association took out a large loan over a 10-year period for property improvements. Because of the high amount of the loan and the increasing amount of defaults on the assessment to pay off this loan, the incoming board is considering suspending contributions to the reserve funds for the coming fiscal year. Is it legal in Florida to suspend reserve contributions? If so, how long may reserve contributions be waived and what type of vote is necessary to do this?
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