Today a call came in the office: This Tenant was renting in a community (Condo) The Owner rented him the unit 5 months ago, Today he was notified by the Condo Board that they did not approve him staying ther and he must leave by months end. His request to me was >Can they do this 5 months later? >From day one this Tenant was not able to use any amenities of the condo building they lived in, What are the Laws for this?, >The Condo Board was notified by the Owner of the condo as per the information found by the background search and screening. Can this information be given to the Board which the board used to make this decision? This is not an easy 1 2 3 answer, but there are laws that directly reflect the rights of Boards,Tenants and Owners. Find out if there is anything in your lease on The condo boards rights, Leasing of Units, you will have to get a copy of the Condo Covenants showing that a vote was approved for them to do so as an elected official of the Condo. If this was never voted on and is a rule that the board conducts to protect the owners and the condo community as a whole There is a problem. Most Condo Docs do state something like this. **The first pages of the Declaration there is language that states something like Developer hereby declares that all of the real property described above shall be held, sold, conveyed, leased, mortgaged and otherwise dealt with subject to the easements, covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth; all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said real property.** First: The board merely having the authority to promulgate rules is not sufficient unless the authority to approve or deny a sale, transfer, or lease is first granted in the Declaration. The reason the authority has to be granted in the Declaration is because the Declaration is a covenant running with the land. Unless an amendment has been properly passed by a vote of the owners, the board’s attempt to approve or deny leases would not survive a legal challenge. They would have no rights to approve or disapprove Tenants for any owners. >Question One: Can they do this 5 months later? There are no laws stating the time limit that a Board has to Screen a Tenant. The Boards Job is to make decisions based on the duty as an elected official, This should be in the bylaws of the Condo outlining what these duties are. Note: Information found out by the Owner about the Tenant is protected and if the Owner gave this to the Condo Board or vice versa and the Board based the decision for denial of the Tenant from renting on this shared private information- there is a problem. *The condo association cannot share the information it obtains from the research it conducts in order to consider your occupancy with anyone – including the owner of the unit being rented. If the owner or the condo association wants this information, each must request authorization from the renter to request their own background check. This does have laws protecting the Tenants rights in the courts due to the privacy laws. >Question two: From day one this Tenant was not able to use any amenities of the condo building they lived in, What are the Laws for this? When a unit is leased, the tenant shall have all use rights of the association property and common elements that otherwise would be available for use by unit owners. The Condominium Act provides that the owner of a rented unit shall not have use rights of the common elements, except as a guest, unless the rental agreement provides otherwise. Furthermore, the association shall have the right to adopt rules to prohibit dual usage of association property and common elements by a unit owner and a tenant. Thus, it is possible that a unit owners access rights are strictly limited to those of a landlord pursuant to Chapter 83, Florida Statutes. ( Landlord & Tenant Laws) Laws: Fla. Stat. § 718.104(5) (2012); Fla. Stat. § 718.110(13) (2012). Landlord Tenant Section 83. Please read and learn your rights. Information is Power for your protection
Posted on: Tue, 25 Nov 2014 06:47:19 +0000
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