Condo, Strata and HOA News

Tag Archives: law

Canada Is Advanced When It Comes To HOA and Condo Fee Collection

It is always easy to assume that what you experience is universal. With condominium legislation, that is most definitely not the case. Canada is dramatically different than the US as a whole, and we are well in advance with legislation that protects the viability of the corporation.

In Alberta (and most provinces has similar rules) we require a managed and adequate reserve fund for the replacement and upkeep of common property and the building envelope. The number of states that require such a reserve (I believe) can be counted on two hands.

In Alberta, condominiums can get orders to direct rental tenants to pay their rent to the corporation to pay off owners who are deadbeats on their monthly condominium contributions and any special assessments.

So it comes as a surprise (but an interesting point that the best way to grant condominiums the protection they need in the US is a massive economic collapse and the creation of what seems to be an unlimited number of deadbeat owners) that Florida is only now legislating the rights for corporations to collect from renters the debts of the owners (through the collection of the rent).

As well, most bylaws I know of disallow a delinquent owner to vote at annual general meetings. This also is only now being legislatively supported in Florida.

While all this seems a little late (and I would hope it spreads to other states), I’m glad it is happening. A corporation needs the ability to ensure the funds required to maintain their ongoing viability.