[RPPTL LandTen] Two questions about association rent collection
Hello,
I a couple questions about the new association rent-collection provisions.
First, if a homeowner has an unapproved tenant, is it an inconsistent legal position to demand the tenant pays rent to the association? Does an association have to officially recognize the tenancy before the rent demand can be made?
Second, is there any dispute that "future monetary obligations" limits rent collection to assessments going forward and not to the past-due balance?
The "future monetary obligations" is a disaster-associations can't recover balances, and the homeowner still gets to keep whatever rent is left after the monthly assessment is paid.
Thank you for your advice,
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269
I have some of the same questions as Shane. My property management clients
are up in arms over this as they are being completely bounced out of the
situation most having valid and current property management agreements and
no ability now to collect the rent and get their commission.
The result is that the property managers are dropping these owners and now
the condo/hoa's worst nightmare is coming true in that there will be tons of
tenants in these units with no property managers.
This new law has completely interfered with the contract between the owner
and the property manager.
I have to admit that I was asleep at the wheel on this legislation and would
like to see if anyone is interested in getting some revised language for
next year to protect the property managers and the condo/hoas at the same
time.
The property managers are in the best position to collect the rent, take
their cut and remit to the condo/hoa monies owed but there is no provision
for this.
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 http://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 Shane Weaver
Sent: Friday, July 23, 2010 3:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Two questions about association rent collection
Hello,
I a couple questions about the new association rent-collection provisions.
First, if a homeowner has an unapproved tenant, is it an inconsistent legal
position to demand the tenant pays rent to the association? Does an
association have to officially recognize the tenancy before the rent demand
can be made?
Second, is there any dispute that "future monetary obligations" limits rent
collection to assessments going forward and not to the past-due balance?
The "future monetary obligations" is a disaster-associations can't recover
balances, and the homeowner still gets to keep whatever rent is left after
the monthly assessment is paid.
Thank you for your advice,
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269
For those of you who don't have the time or need to wade through the entire
new statute, I have attached this.
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 http://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 Shane Weaver
Sent: Friday, July 23, 2010 3:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Two questions about association rent collection
Hello,
I a couple questions about the new association rent-collection provisions.
First, if a homeowner has an unapproved tenant, is it an inconsistent legal
position to demand the tenant pays rent to the association? Does an
association have to officially recognize the tenancy before the rent demand
can be made?
Second, is there any dispute that "future monetary obligations" limits rent
collection to assessments going forward and not to the past-due balance?
The "future monetary obligations" is a disaster-associations can't recover
balances, and the homeowner still gets to keep whatever rent is left after
the monthly assessment is paid.
Thank you for your advice,
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269
No doubt, given the newness of this legislation, there will be "practical" questions and problems that become evident and may lead to future modifications to the statute. We can discuss these thoughts at our upcoming meeting. Thanks for the input.
[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Sunday, July 25, 2010 2:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law
For those of you who don't have the time or need to wade through the entire new statute, I have attached this.
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.comhttp://www.evict.com/
Email: harry@evict.commailto: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 Shane Weaver
Sent: Friday, July 23, 2010 3:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Two questions about association rent collection
Hello,
I a couple questions about the new association rent-collection provisions.
First, if a homeowner has an unapproved tenant, is it an inconsistent legal position to demand the tenant pays rent to the association? Does an association have to officially recognize the tenancy before the rent demand can be made?
Second, is there any dispute that "future monetary obligations" limits rent collection to assessments going forward and not to the past-due balance?
The "future monetary obligations" is a disaster-associations can't recover balances, and the homeowner still gets to keep whatever rent is left after the monthly assessment is paid.
Thank you for your advice,
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269
</pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law. If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential. If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited. If you have<br>received this email in error, please notify the sender by<br>email reply. Thank you.<br><pre>
Hey All,
I know this issue has been discussed before and I am familiar with the debate, but have received different answers from different attorneys. My questions are:
1. What is the consensus on including a Fair Debt Collection Practice Act Notice with a 3 day Notice? (some people I talk to say it is absolutely required, others say it's not necessary since it is a statutory prerequisite to litigation).
2. Does the FDCPA Notice and/or the tenant's response in any way delay the right to file the eviction after the 3 day period has expired?
3. Does anyone have any legal authority (i.e. case law, statutes, etc) which clearly establishes the requirement to add a FDCPA Notice to a 3 Day Notice?
Thanks in advance for all responses.
Cary Sabol
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 Mon, 7/26/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter NShoter@shutts.com
Subject: Re: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law
To: "'RPPTL Landlord Tenant Committee'" landten@lists.flabarrpptl.org
Date: Monday, July 26, 2010, 9:28 AM
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No doubt, given the newness of this legislation, there will be "practical" questions and problems that become evident and may lead to future modifications to the statute. We can discuss these thoughts at our upcoming meeting. Thanks for the input.
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail | Biography | V-Card | Website
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Sunday, July 25, 2010 2:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law
For those of you who don’t have the time or need to wade through the entire new statute, I have attached this.
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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Friday, July 23, 2010 3:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Two questions about association rent collection
Hello,
I a couple questions about the new association rent-collection provisions.
First, if a homeowner has an unapproved tenant, is it an inconsistent legal position to demand the tenant pays rent to the association? Does an association have to officially recognize the tenancy before the rent demand can be made?
Second, is there any dispute that “future monetary obligations” limits rent collection to assessments going forward and not to the past-due balance?
The “future monetary obligations” is a disaster—associations can’t recover balances, and the homeowner still gets to keep whatever rent is left after the monthly assessment is paid.
Thank you for your advice,
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269
IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.
The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.
-----Inline Attachment Follows-----
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Wouldn't it matter if its a consumer (residential lease) vs. a
commercial lease?
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, July 26, 2010 9:46 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] 3 Day Notice & the FDCPA
Hey All,
I know this issue has been discussed before and I am familiar with the
debate, but have received different answers from different attorneys.
My questions are:
-
What is the consensus on including a Fair Debt Collection Practice
Act Notice with a 3 day Notice? (some people I talk to say it is
absolutely required, others say it's not necessary since it is a
statutory prerequisite to litigation). -
Does the FDCPA Notice and/or the tenant's response in any way delay
the right to file the eviction after the 3 day period has expired? -
Does anyone have any legal authority (i.e. case law, statutes, etc)
which clearly establishes the requirement to add a FDCPA Notice to a 3
Day Notice?
Thanks in advance for all responses.
Cary Sabol
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 Mon, 7/26/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter <NShoter@shutts.com>
Subject: Re: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA
law
To: "'RPPTL Landlord Tenant Committee'"
landten@lists.flabarrpptl.org
Date: Monday, July 26, 2010, 9:28 AM
No doubt, given the newness of this legislation, there will be
"practical" questions and problems that become evident and may lead to
future modifications to the statute. We can discuss these thoughts at
our upcoming meeting. Thanks for the input.
http://www.shutts.com/shutts100.jpg Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail http://us.mc578.mail.yahoo.com/mc/compose?to=NShoter@shutts.com
| Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website
http://www.shutts.com/
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
harry@evict.com
Sent: Sunday, July 25, 2010 2:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Selected portion of
Condo/Co-Op/HOA law
For those of you who don't have the time or need to wade
through the entire new statute, I have attached this.
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 <http://www.evict.com/>
Email: harry@evict.com
http://us.mc578.mail.yahoo.com/mc/compose?to=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 Shane Weaver
Sent: Friday, July 23, 2010 3:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Two questions about association rent
collection
Hello,
I a couple questions about the new association rent-collection
provisions.
First, if a homeowner has an unapproved tenant, is it an
inconsistent legal position to demand the tenant pays rent to the
association? Does an association have to officially recognize the
tenancy before the rent demand can be made?
Second, is there any dispute that "future monetary obligations"
limits rent collection to assessments going forward and not to the
past-due balance?
The "future monetary obligations" is a disaster-associations
can't recover balances, and the homeowner still gets to keep whatever
rent is left after the monthly assessment is paid.
Thank you for your advice,
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269
IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.
The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.
-----Inline Attachment Follows-----
landten mailing list
landten@lists.flabarrpptl.org
<http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.
org>
http://mailman.fsr.com/mailman/listinfo/landten
Sorry, I should have clarified that this is in the context of residental tenancies.
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 Mon, 7/26/10, Drobner, David S. ddrobner@carltonfields.com wrote:
From: Drobner, David S. ddrobner@carltonfields.com
Subject: Re: [RPPTL LandTen] 3 Day Notice & the FDCPA
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Date: Monday, July 26, 2010, 9:49 AM
Wouldn't it matter if its a consumer (residential lease) vs. a commercial lease?
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, July 26, 2010 9:46 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] 3 Day Notice & the FDCPA
Hey All,
I know this issue has been discussed before and I am familiar with the debate, but have received different answers from different attorneys. My questions are:
1. What is the consensus on including a Fair Debt Collection Practice Act Notice with a 3 day Notice? (some people I talk to say it is absolutely required, others say it's not necessary since it is a statutory prerequisite to litigation).
2. Does the FDCPA Notice and/or the tenant's response in any way delay the right to file the eviction after the 3 day period has expired?
3. Does anyone have any legal authority (i.e. case law, statutes, etc) which clearly establishes the requirement to add a FDCPA Notice to a 3 Day Notice?
Thanks in advance for all responses.
Cary Sabol
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 Mon, 7/26/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter NShoter@shutts.com
Subject: Re: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law
To: "'RPPTL Landlord Tenant Committee'" landten@lists.flabarrpptl.org
Date: Monday, July 26, 2010, 9:28 AM
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No doubt, given the newness of this legislation, there will be "practical" questions and problems that become evident and may lead to future modifications to the statute. We can discuss these thoughts at our upcoming meeting. Thanks for the input.
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail | Biography | V-Card | Website
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Sunday, July 25, 2010 2:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law
For those of you who don’t have the time or need to wade through the entire new statute, I have attached this.
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.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Shane Weaver
Sent: Friday, July 23, 2010 3:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Two questions about association rent collection
Hello,
I a couple questions about the new association rent-collection provisions.
First, if a homeowner has an unapproved tenant, is it an inconsistent legal position to demand the tenant pays rent to the association? Does an association have to officially recognize the tenancy before the rent demand can be made?
Second, is there any dispute that “future monetary obligations” limits rent collection to assessments going forward and not to the past-due balance?
The “future monetary obligations” is a disaster—associations can’t recover balances, and the homeowner still gets to keep whatever rent is left after the monthly assessment is paid.
Thank you for your advice,
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269
IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.
The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
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any attachments) is strictly prohibited. If you have
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It is clear that it does not apply to commercial.
There is an FTC opinion/ruling whatever, that explains that it does not apply if the person is acting in the "agency"/employee capacity collecting current debts that accrued while the person as acting in this capacity. I will try to dig it up.
Examples:
-
Property manager is hired and gives 3 Day Notice for rent that built up BEFORE he became the property manager. FDCPA would apply.
-
Attorney prepares 3 day demanding rent is paid to attorney. FDCPA applies.
-
Original creditor (property owner) gives 3 Day, of course it does not apply.
This has been an issue of concern for me for many year and it would be nice if it was completely clarified. The problem with putting the validation wording on the 3 day brings up a number of issues. Ambiguity - when is the rent due? Does asking for validation toll everything? Can we proceed with an eviction within the 30 days? The fact that the 3 Day is statutory or a statutory prerequisite does not have any bearing on FDCPA applicability although I think it should.
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 http://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 Cary Sabol
Sent: Monday, July 26, 2010 9:54 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] 3 Day Notice & the FDCPA
Sorry, I should have clarified that this is in the context of residential tenancies.
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 Mon, 7/26/10, Drobner, David S. ddrobner@carltonfields.com wrote:
From: Drobner, David S. ddrobner@carltonfields.com
Subject: Re: [RPPTL LandTen] 3 Day Notice & the FDCPA
To: "RPPTL Landlord Tenant Committee" landten@lists.flabarrpptl.org
Date: Monday, July 26, 2010, 9:49 AM
Wouldn't it matter if its a consumer (residential lease) vs. a commercial lease?
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, July 26, 2010 9:46 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] 3 Day Notice & the FDCPA
Hey All,
I know this issue has been discussed before and I am familiar with the debate, but have received different answers from different attorneys. My questions are:
-
What is the consensus on including a Fair Debt Collection Practice Act Notice with a 3 day Notice? (some people I talk to say it is absolutely required, others say it's not necessary since it is a statutory prerequisite to litigation).
-
Does the FDCPA Notice and/or the tenant's response in any way delay the right to file the eviction after the 3 day period has expired?
-
Does anyone have any legal authority (i.e. case law, statutes, etc) which clearly establishes the requirement to add a FDCPA Notice to a 3 Day Notice?
Thanks in advance for all responses.
Cary Sabol
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 Mon, 7/26/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter NShoter@shutts.com
Subject: Re: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law
To: "'RPPTL Landlord Tenant Committee'" landten@lists.flabarrpptl.org
Date: Monday, July 26, 2010, 9:28 AM
No doubt, given the newness of this legislation, there will be "practical" questions and problems that become evident and may lead to future modifications to the statute. We can discuss these thoughts at our upcoming meeting. Thanks for the input.
http://www.shutts.com/shutts100.jpg
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
http://us.mc578.mail.yahoo.com/mc/compose?to=NShoter@shutts.com E-Mail | http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ Biography | http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ V-Card | http://www.shutts.com/ Website
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Sunday, July 25, 2010 2:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law
For those of you who don’t have the time or need to wade through the entire new statute, I have attached this.
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 http://www.evict.com/
Email: harry@evict.com http://us.mc578.mail.yahoo.com/mc/compose?to=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 Shane Weaver
Sent: Friday, July 23, 2010 3:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Two questions about association rent collection
Hello,
I a couple questions about the new association rent-collection provisions.
First, if a homeowner has an unapproved tenant, is it an inconsistent legal position to demand the tenant pays rent to the association? Does an association have to officially recognize the tenancy before the rent demand can be made?
Second, is there any dispute that “future monetary obligations” limits rent collection to assessments going forward and not to the past-due balance?
The “future monetary obligations” is a disaster—associations can’t recover balances, and the homeowner still gets to keep whatever rent is left after the monthly assessment is paid.
Thank you for your advice,
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269
IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.
The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.
-----Inline Attachment Follows-----
landten mailing list
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http://mailman.fsr.com/mailman/listinfo/landten
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http://mailman.fsr.com/mailman/listinfo/landten
Attached are materials I prepared for the Eviction Seminar that we did in 2007. I updated them for another seminar in May of 2008. They have not been updated since. You may want to update the research. I believe Harry Heist is correct.
Chuck
This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, July 26, 2010 8:46 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] 3 Day Notice & the FDCPA
Hey All,
I know this issue has been discussed before and I am familiar with the debate, but have received different answers from different attorneys. My questions are:
-
What is the consensus on including a Fair Debt Collection Practice Act Notice with a 3 day Notice? (some people I talk to say it is absolutely required, others say it's not necessary since it is a statutory prerequisite to litigation).
-
Does the FDCPA Notice and/or the tenant's response in any way delay the right to file the eviction after the 3 day period has expired?
-
Does anyone have any legal authority (i.e. case law, statutes, etc) which clearly establishes the requirement to add a FDCPA Notice to a 3 Day Notice?
Thanks in advance for all responses.
Cary Sabol
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 Mon, 7/26/10, Neil B. Shoter NShoter@shutts.com wrote:
From: Neil B. Shoter NShoter@shutts.com
Subject: Re: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law
To: "'RPPTL Landlord Tenant Committee'" landten@lists.flabarrpptl.org
Date: Monday, July 26, 2010, 9:28 AM
No doubt, given the newness of this legislation, there will be "practical" questions and problems that become evident and may lead to future modifications to the statute. We can discuss these thoughts at our upcoming meeting. Thanks for the input.
[http://www.shutts.com/shutts100.jpg]
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailhttp://us.mc578.mail.yahoo.com/mc/compose?to=NShoter@shutts.com | Biographyhttp://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | V-Cardhttp://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/ | Websitehttp://www.shutts.com/
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of harry@evict.com
Sent: Sunday, July 25, 2010 2:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Selected portion of Condo/Co-Op/HOA law
For those of you who don't have the time or need to wade through the entire new statute, I have attached this.
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.comhttp://www.evict.com/
Email: harry@evict.comhttp://us.mc578.mail.yahoo.com/mc/compose?to=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 Shane Weaver
Sent: Friday, July 23, 2010 3:55 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Two questions about association rent collection
Hello,
I a couple questions about the new association rent-collection provisions.
First, if a homeowner has an unapproved tenant, is it an inconsistent legal position to demand the tenant pays rent to the association? Does an association have to officially recognize the tenancy before the rent demand can be made?
Second, is there any dispute that "future monetary obligations" limits rent collection to assessments going forward and not to the past-due balance?
The "future monetary obligations" is a disaster-associations can't recover balances, and the homeowner still gets to keep whatever rent is left after the monthly assessment is paid.
Thank you for your advice,
Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 655-5269
IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.
The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.
-----Inline Attachment Follows-----
landten mailing list
landten@lists.flabarrpptl.orghttp://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten