Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am dealing with a very harassing and illogical condo association. They hate me and a few other owners for trying to stop them from lining their personal pockets with our association money. (Usual for miami condo boards!)
I turned in the application for my renter and they sent a letter saying that they were denying me the tenant because my maintenance is not fully paid.
I have paid every month but they refuse to accept the checks. Its stupid and endless and I am going to court over it this month.
But my question is:
What reasons are legal, in Florida , for an association to deny approval of a tenant to an owner?
I have called both offices of the Ombudsman twice and left two messages each. That was last week. As of today, still no response. Sadly, they are not actually helpful as they must each be manned by one individual who is probably completely over-worked.
Hopefully someone in this forum has the legal answer to share.
I can't give any legal advice about approving tenants.
But I just want to point out that directors of the condo associations are elected by owners, and usually unpaid. They're fellow condo owners just like you. Typically, only the independent management company makes the $$ from your maintenance fee, not the board. It's kind of a thankless job (been there, done that, never again). If you don't believe me, try running for your condo board the next time there are elections.
1. The length of the approval process is not specified in the statutes. The Assoc can deny renters for any reason that any other landlord could deny renters -- credit, criminal background, # of renters, pets, etc. In fact, the bylaws of many associations ban all renters completely, so the associatons can deny renters for no reason at all (although this is rarely enforced). The reason is that financing units in an Association becomes more difficult as the number of renter-occupied units (versus owner-occupied) increases.
2. The association can absolutely charge you for exclusive use of the party room, or any other common area facility for that matter. Your condo ownership gives you an undivided interest in the common areas, including party rooms. But whenever a party room is reserved for the exclusive use of a certain party, it requires specific maintenance (cleaning) after that use. Why should all condo owners subsidize your exclusive use of the party room, when they are barred from using the amenity while you are using it?
Note, similar condo-related questions are often answered in the Miami Herald Condo Line column. I can't link directly here -- just go to the Herald's website and search the archives.
I am the owner of condo currently rented to great tenants (always paid the rent on time) and want to renew the lease. However, the association may want to deny them for re-approval? what are my options? on what grounds could they refuse to re-approve my great renters?
I am the owner of condo currently rented to great tenants (always paid the rent on time) and want to renew the lease. However, the association may want to deny them for re-approval? what are my options? on what grounds could they refuse to re-approve my great renters?
You really need to phone your HOA rep and get an understanding of the rules about leasing; every community has its own set of rules.
First you need to have all dues paid...otherwise they won't even look at your application...
Second, never buy in a community where other people decide who can be your tenant...but that is after the fact in your case.
Demand information on what criteria they aprove or deny. Did you also have to pay for the process?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
