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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Material Alteration of the Common Elements: Owners Don’t Always Have a Right of Approval

Section 718.112(2) of the Condominium Act provides as follows: “Except as otherwise provided in this Section, there shall be no material alteration or substantial addition to the common elements …except in the manner provided in the Declaration.” Most Declarations specify that a vote of the unit owners is necessary to approve such a change, and the number of votes needed, typically from 50% to 75 % of the total voting interests, is also usually specified. If the Declaration does not ...

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