Can a condominium association deny an owner the right to rent his unit if his assessments are unpaid

The short answer is:  “it depends” – because the board can deny a lease only if the authority to approve or deny a lease is stated in the declaration or bylaws.

718.104(5) of the Florida Condominium Act states that the Declaration as originally recorded or as amended may include covenants and restrictions concerning the use, occupancy and transfer of units.    Thus, if  leasing a unit is not subject to prior approval or otherwise restricted  in the Declaration (or in the Bylaws, an ...

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Is your condominium’s right of approval enforceable?

Most condominium declarations contain a right of approval. In general terms, they typically state no sale, lease or other transfer of a unit is permitted without prior written approval of the Association.  But most declarations do not specify the grounds, if any, upon which denial is permitted.  Most are very open-ended; for example, “grounds for disapproval include but are not limited to the account being delinquent.”  Thus, what is the limit of the association’s authority to approve or disapprove, or ...

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Grandfather Status For Condominium Unit Owners

When an association amends its existing declaration, the rights of existing owners must be considered.

A declaration of condominium may not contain all the property restrictions that owners want, especially as a community changes over time. Although declarations may be amended to establish new constraints, amendments cannot always be enforced against everyone.

For example, there may be no restrictions against boats in the parking lot or pets on the premises. If no other restriction exists (such as local zoning ordinances), owners will ...

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