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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Unpaid assessments of previous owner are not always owed by the foreclosure buyer

In January, 2017, my client received title to a house he bought in December at a mortgage foreclosure sale. The mortgage had been recorded in 2005. Soon after, the homeowners association (HOA) demanded more than $19,000 from my client that it claimed was owed because the prior owner who was foreclosed did not pay assessments for years and the law passed in 2007 states that a buyer, including a purchaser at a foreclosure sale, is jointly and severally liable with ...

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The Legalities of Association Fines

I’ve seen associations that do not comply with the law that empowers them to “fine” owners. So here are some of the legalities of association fines in Florida:
1). Was the fine imposed by the President, the Board, the Manager, or the violations committee? The Board must levy the fine and the committee must either approve or reject it.
2) Was a fine included as part of a lien on your property? If so, did you know:
a) condos cannot ...

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Accord and Satisfaction eliminated for condominium assessments

On August 24, 2016, the Florida 2d District Court of Appeal decided a significant case that benefits condominium associations.

In Madison at Soho II Condominium Association vs Devo Acquisitions, the association demanded approximately $28,000, plus costs and attorney fees, for 6 years of unpaid assessments from Devo after it acquired title to a Unit. Under 718.116 of the condo statute, a buyer is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the ...

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Withholding maintenance dues is not a good idea

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Condominium associations are not-for-profit corporations whose members elect directors to manage and operate their business affairs. In the course of such business operations, they incur expenses in the name of the association for various goods and services, such as building and landscaping maintenance and repairs, insurance, water and electric services, management fees, professional fees, and every other item that makes up ...

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