I think the CA/HOA would be a debt collector as they are collecting rent (i.e. a consumer debt) that is not owed to them thereby triggering the FDCPA, just a theory for now. I have no doubt an FDCPA claim will be filed and the statutue tested in the near future.

Harry, what do you think about the CA/HOA taking possession if they evict under the new law? The new law provides the CA/HOA the powers of a landlord under 83.59 - 83.625 this would seem to give them the right to take possession. The thought being: if the CA/HOA takes possession pursant to an eviction would they then re-rent the place to collect the money owed to the CA/HOA?

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

--- harry@evict.com wrote:

From: <harry@evict.com>
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] The new condo law
Date: Fri, 9 Jul 2010 14:55:36 -0400

Interestingly, I see many 3 Day Notices from the Southeast Florida area with the Validation Wording on them. I was always curious who or what started this.

I believe a good argument can be made that the CA/HOA is not a "debt collector" as the new law makes them in a sense the original creditor.

Harry

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto Cardet
Sent: Friday, July 09, 2010 2:47 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] The new condo law

As far as a tenant being in a legitimate rent withholding situation and the new condo law, the new law specifically states that the CA/HOA has no duties under section 83.51, so it seems that defense is out. More of a mess or issue is if the CA/HOA decides to evict who is the Court putting in possession of the premises? The Writ of Possession will put who in possession? the CA/HOA?

As far as the FDCPA, no one other than the landlord should issue a 3-day notice, even placing the FDCPA language on a 3-day notice is a problem, because you are overshadowing the 30 day debt validation period of the FDCPA - I think this may present a problem for CA/HOA issuing 3-day notices under the new law.

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

--- sabollawoffice@yahoo.com wrote:

From: Cary Sabol <sabollawoffice@yahoo.com>
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] The new condo law
Date: Fri, 9 Jul 2010 11:22:03 -0700 (PDT)

Do you include a separate FDCPA Notice attached to the 3 Day or do you include additional FDCPA language in the 3 day itself?

Cary P. Sabol, Esq.

P.O. Box 15981

West Palm Beach, Florida 33416

Phone: (561) 281-2744

Fax: (561) 697-4805

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

--- On Fri, 7/9/10, harry@evict.com <harry@evict.com> wrote:

From: harry@evict.com <harry@evict.com>
Subject: [RPPTL LandTen] The new condo law
To: landten@lists.flabarrpptl.org
Date: Friday, July 9, 2010, 12:42 PM

Hi All,

We have already had over 10 situations regarding this and the CA/HOA making the rent demand. The law is indeed a mess.

The result is going to be property manager losing accounts and CA/HOA's making this a continuing payment to them and abusing it.

What about repairs? What about if a tenant is in a legitimate rent withholding posture? What about the definition of landlord in FS 83 and this new law?

Attached is what I am sending my property manager clients to encourage the CA/HOA to keep the property manager in the loop.

Additionally, if an attorney sends a demand letter to the tenant, I believe it must comply with the FDCPA. And just a reminder. NEVER prepare a Three Day Notice for a client with your name on it without complying with the FDCPA.

Here is my sample form.

Harry Heist

LAW OFFICES OF
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

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