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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21
OCT
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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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5
OCT
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New laws directly affect Property Managers

Do you know ….?
Under §718.111 of the Condominium Act, as amended and effective on July 1, 2017:
1) the new law expressly prohibits any officer, director or manager from receiving a “kickback”. Previously, the law prohibited such persons from accepting anything or service of value without consideration other than services or items received in connection with trade fairs or education programs. A kickback is already the subject to a civil penalty but under the ...

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27
JUN
0

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Who can serve on the Condominium Board of Directors?

The condominium’s governing documents will specify who is eligible to serve on the Board of Directors. Typically, but not always, a director must be a unit owner. A unit owner is defined in the statute as the record owner of legal title. That means in the case of units owned by an individual(s), the owner is the person(s) whose name(s) is on the recorded deed. In the case of ownership in the name of a corporation or partnership, the condominium ...

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9
JAN
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When Are Directors Personally Liable For Their Conduct As Board Members?

I am often called by a disgruntled condominium unit owner and asked to file a lawsuit against the individual members of the board of directors of the condominium association for what the owner considers some type of wrongful conduct. A common situation is when a board doesn’t pay certain bills and is sued by a vendor, resulting in an obligation to pay not only the debt, but also the vendor’s substantial legal fees. Another situation is when an association President ...

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5
JUL
0

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Know The Limits of a Condominium Board’s Authority

Eleven condominium associations belong to a master association. In the Declaration of Condominium for one of the associations, a condominium restriction states: “all units above ground floor must remain fully carpeted at all times except in the bathrooms and kitchen.” One day the owners of a second floor unit asked the property manager for permission to lay ceramic tiles throughout their unit. The manager wrote it’s “O.K.” if the master association approves, and she referred the owners to the master ...

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5
JUL
0

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