We can also develop the exact language that should be used for their implementation and any amendments to the governing documents, and many of us are also familiar with new online tools that help to facilitate votes of the entire membership as required for such amendments. However, those exceptions are limited to: (a) rental restrictions that prohibit or regulate lease terms which are less than 6 months; and (b) rental restrictions that prohibit rentals of a parcel more than three times in a calendar year. Community Association Tenant Vetting, Approvals Require Careful As I indicated, the requirement to obtain an associations approval prior to selling or leasing a home or unit is deemed to be a restraint on the alienation of such real property, and as such, that restraint may only be imposed to the extent that it is reasonable. at 2522. By: Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law. However, the percentage of rental units may not exceed the FHA owner-occupancy requirements. Please avoid obscene, vulgar, lewd, Basically, an association may disapprove a lease or prospective tenant, if the basis for the disapproval is reasonable and non-discriminatory. This means a person is no longer ineligible to be a candidate because they are delinquent on fines, fees, or any other monetary obligation other than assessments. On the other hand, the statute also provides that owners are not entitled to access official records which includes any attorney client privilege or attorney work product prepared in connection with a lawsuit. 718.101, et. That reduced the fees charged by the greedy, but almost every other condominium association quickly increased their estoppel fee to $250. Consumer Price Index during that 5-year period. Estoppel | Florida Realtors If the Declaration of Condominium expressly provides that the Association has approval and denial authority, case law indicates that a Board has "good cause" to deny a lease based on a tenant's failure to previously honor the rules in that particular condominium association. Florida community associations typically have the right under their governing documents to regulate and approve leases and tenants. Many associations use a blanket term prohibiting "aggressive" dog breeds. The bill modifies certain provisions in the Florida Statutes that impact condominium associations and homeowners associations. Forgery of a ballot envelope or voting certificate used in a condominium association election is punishable as provided in s. 831.01, the theft or embezzlement of funds of a condominium association is punishable as provided in s. 812.014, and the destruction of or the refusal to allow inspection or copying of an official record of a condominium . Q&A: Collecting Rent from Tenants (revisited) | Florida Condo & HOA Law 6. Condo owners in Surfside building were facing assessments for $15 - CNN What your condo board can and can't do without homeowner approval Firstly, associations need to ensure that they meet the deadlines and procedures set for tenant reviews under their own governing documents. (Section 718.111(12)(c)1, F.S. He concentrates his practice areas on business litigation, condominium and community association law, construction law, and real estate litigation.

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