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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Can a condominium association amend the Declaration to restrict an owner’s right to lease her unit?

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A condominium unit owner living “up north” purchased her unit in Miami as a rental investment property. She specifically purchased in her building with the idea of leasing it in the winter tourist season because the only restriction on leasing was that a lease must be a minimum of one month. Soon after her purchase, the Board announced it was proposing ...

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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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