HEATHER WALK DECLARATION OF CONDOMINIUM
HEATHER WALK BY-LAWS
page D-6 ARTICLE X ASSESSMENTS
page B-9 ARTICLE VI FINANCES AND ASSESSMENTS.
Assessments and installments that are unpaid for over ten (10) days after due date shall bear interest at the rate of ten percent (10%)
per annum from due date until paid, and at the sole discretion of the Management Firm and or the Board of Directors, a late charge of
$25.00 shall be due and payable. Regular assessments shall be due and payable monthly on the first of each month.
Section 6. Acceleration of Assessment Installments Upon Default.
If a unit owner shall be in default in the payment of an installment upon any assessment, the Management Firm or the Board of
Directors may accelerate the remaining monthly installments for the fiscal year upon notice thereof to the unit owner and, thereupon,
the unpaid balance of the assessment shall become due upon the date stated in the Notice, but not less than fifteen (15) days after
delivery of or the mailing of such notice to the unit owner.
718.116 (11)(a) If the unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the
association, the association may make a written demand that the tenant pay to the association the subsequent rental payments and
continue to make such payments until all monetary obligations of the unit owner related to the unit have been paid in full to the
association. The tenant must pay the monetary obligations to the association until the association releases the tenant or the tenant
discontinues tenancy in the unit.
1. The association must provide the tenant a notice, by hand delivery or United States mail, in substantially the following form:
Pursuant to section 718.116(11), Florida Statutes, the association demands that you pay your rent directly to the condominium
association and continue doing so until the association notifies you otherwise.
Payment due the condominium association may be in the same form as you paid your landlord and must be sent by United States mail
or hand delivery to (full address), payable to (name).
Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current
period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after
receiving this notice and your obligation to pay rent to the association would then begin with the next rental period.
Pursuant to section 718.116(11), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim
for the rent by your landlord for all amounts timely paid to the association.
2. The association must mail written notice to the unit owner of the association’s demand that the tenant make payments to the
3. The association shall, upon request, provide the tenant with written receipts for payments made.
4. A tenant is immune from any claim by the landlord or unit owner related to the rent timely paid to the association after the association
has made written demand.
(b) If the tenant paid rent to the landlord or unit owner for a given rental period before receiving the demand from the association and
provides written evidence to the association of having paid the rent within 14 days after receiving the demand, the tenant shall begin
making rental payments to the association for the following rental period and shall continue making rental payments to the association to
be credited against the monetary obligations of the unit owner until the association releases the tenant or the tenant discontinues
tenancy in the unit.
(c) The liability of the tenant may not exceed the amount due from the tenant to the tenant’s landlord. The tenant’s landlord shall provide
the tenant a credit against rents due to the landlord in the amount of moneys paid to the association.
(d) The association may issue notice under s. 83.56 and sue for eviction under ss. 83.59-83.625 as if the association were a landlord
under part II of chapter 83 if the tenant fails to pay a required payment to the association after written demand has been made to the
tenant. However, the association is not otherwise considered a landlord under chapter 83 and specifically has no obligations under s.
(e) The tenant does not, by virtue of payment of monetary obligations to the association, have any of the rights of a unit owner to vote in
any election or to examine the books and records of the association.
(f) A court may supersede the effect of this subsection by appointing a receiver.
Florida Statutes Title XL Chapter 718.116 Condominiums
Assessments; liability; lien and priority; interest; collection.—