Legal Question in Real Estate Law in Florida

Re: Is a renter responsible for past due condo association dues?

Subject to the terms of the lease, the lessee is not responsible for the condo assesments or maintainance. If the condo is foreclosing its lien, you must be named as a party in order to cancel your lease interest. However if the condo is suing for money only, then you need not be named a defendant. The ass'n can after it has judgment against the owner, garnish the renatl payments to satisy the claim. You should consult with competent counsel.

Re: Is a renter responsible for past due condo association dues?

If the lease provides that the owner is responsible for the assessments, then you have a defense to the claims made by the association. If the assessments are not paid, then the association may have a right to file a claim of lien and foreclose on that lien. If they foreclose, you will be a necessary party to that foreclosure suit and judgment since you have an interest in the property as a tenant. In order to kill your interest, you need to be named in the suit. You should urge the owner to pay the outstanding fees before the costs and attorney's fees get too high. Of course, if the owner has a viable defense, then he should assert it through his counsel. Good luck.