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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When does a tenant need to vacate the property after a home mortgage is foreclosed?

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For several years during the foreclosure crisis, a federal law gave tenants under a bona fide lease of a federally-related mortgage loan the right to stay in the property for at least 90 days following the mortgage foreclosure.   That law expired on December 31, 2014.

In 2015, Florida Legislature enacted Section 83.561 which became effective June 2, 2015. Under that law, a ...

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