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This entry was published on 2014-09-22
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SECTION 339-KK
Rents
Real Property (RPP) CHAPTER 50, ARTICLE 9-B
§ 339-kk. Rents. (a) For the purposes of this section, "non-occupying
owner" shall mean a unit owner in a condominium association who does not
occupy the dwelling unit.

(b) If a non-occupying owner rents any dwelling unit to a rental
tenant and then fails to make payments due for common charges,
assessments or late fees for such unit within sixty days of the
expiration of any grace period after they are due, upon notice in
accordance with subdivision (c) of this section, all rental payments
from the tenant shall be directly payable to the condominium
association.

(c) If the common charges, assessments or late fees due for any unit
have not been paid in full, within sixty days after the expiration of
any grace period of the earliest due date, the board of managers shall
provide written notice to the tenant and the non-occupying owner
providing that, commencing immediately and until such time as all
payments for common charges, assessments or late fees are made current,
all rental payments due subsequent to the issuance of such notice are to
be made payable to the condominium association at the address listed on
the notice. Where a majority of the board of managers has been elected
by and from among the unit owners who are in occupancy, the board may
elect not to require that rental payments be made payable to the
condominium association. At such time as payments for common charges,
assessments and late fees from the non-occupying owner are once again
current, notice of such fact shall be given within three business days
to the rental tenant and non-occupying owner. Thereafter all rental
payments shall be made payable to the non-occupying owner or a
designated agent. A non-occupying owner who disputes the association's
claim to rental payments pursuant to this section shall be entitled to
present facts supporting such owner's position at the next scheduled
meeting of the board of managers, which must be held within thirty days
of the date that such board receives notice that such owner seeks to
dispute such claim.

(d) Nothing in this section shall limit any rights of unit owners or
of the board of managers existing under any other law or agreement.

(e) Payment by a rental tenant to the condominium association made in
connection with this section shall relieve that rental tenant from the
obligation to pay such rent to the non-occupying owner and shall be an
absolute defense in any non-payment proceeding commenced by such
non-occupying owner against such tenant for such rent.