the association may not allow access to "Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel."8 The Condominium Act provides an additional statutory ground . at 2522. The Fair Housing Act includes familial status (children) as a protected class. PLEASE TURN OFF YOUR CAPS LOCK. The unit owner is responsible for complying with all federal, state, or local laws or regulations applicable to the installation, maintenance, or removal of an electric vehicle charging station or a natural gas charging station. or anything. There are over 1 million condominium units in Florida. Before this new legislation, the only limit on rental restrictions in the Florida Statutes, which pertained to community associations, related to condominium associations; there was no such limitation for homeowners associations. For transfer purposes, spouses, a parent or parents, and any dependent children are considered one applicant. What might those be? Changing rental rules were addressed by Floridas Supreme Court in the 2002 case of, Woodside Village Condominium Association v. Jahren. He can be reached at dpodein@dhaberlaw.com. / SB 630, Page 9), (c) The association may not require a unit owner to demonstrate any purpose or state any reason for inspecting the official records of the association. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. In many cases, this is not a power originally vested to the HOA, but one they have created. Ombudsmans Office Section 718.5014, F.S., (SB 630, Page 65). Firstly, associations need to ensure that they meet the deadlines and procedures set for tenant reviews under their own governing documents. Reliance on outdated governing documents to reject undesirable tenants could lead to liability under the FHA and/or violation of local ordinances. West Palm Beach, FL 33415 There are new requirements on how an association may deliver and change its method of delivery for assessments and statements of account: (a) An invoice for assessments or a statement of account must be sent by first-class mail or electronic transmission to the unit owners email address maintained in the associations official records. However, that authority cannot be exercised unreasonably. Phone: (239) 334-2195 The 2 Midtown condo association charges tenants and buyers $550 dollars in transfer fees. It is dangerous for Associations to deny tenant applications without having a specific, justifiable basis, as such a rejection may open the Association up to potential liability. Be Truthful. Unit owners may now challenge a recall rejected by the Board of Directors in a court of law rather than pursue arbitration through the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division) within the DBPR. This means a person is no longer ineligible to be a candidate because they are delinquent on fines, fees, or any other monetary obligation other than assessments. Board Member Term Limits Section 718.112(2)(d)2, F.S., (SB 630, Page 17). In that case, the purchaser was African American and established that he was denied approval because of his race. HOA docs basically state that I can't rent rooms (only the entire house), lease forms must be approved by HOA, my lease must require tenants to follow HOA docs, my lease must give HOA power to terminate lease for failure to observe HOA docs, and that written permission by HOA is required to lease lots (which approval shall not be unreasonably . Providing access to settlement parameters would severely hinder the Associations negotiating position and attorney client privilege is sacred and should not be waived during the pendency of litigation absent a clear intention to do so. Simply stated, the opinion holds that a condominium's governing documents may be amended to ban or restrict a unit owner's right to lease his or her unit, even where the resident . In sum, Florida law does not allow condominium associations to discriminate against someone who is renting a unit in the condominium. Your Florida Condominium Association Hurricane Preparedness Plan ; Your Florida Condominium Board Member Electronic Voting and Communication Policy ; Florida Condominium Association Board Election Procedures: Florida Statute 718.112(2)(d) and Florida Administrative Code (F.A.C.) Some associations believe the financial history of a buyer is important. Miami Herald Real Estate Column by Christyne Santisteban: Growing Condo Association Budgets Require Deft Touch by Directors, Property Managers, Community Associations Institutes Condo Safety Initiatives Recognized with Prestigious Public Affairs Council Award, Herald Column by Gary Mars: National Media Focuses on Impact of Floridas New Condo Safety Law on Association Budgets. / SB 630, Page 9), (d) Associations with 150 units may now provide certain specified documents through an application that can be downloaded on a mobile device, rather than posting them to the associations website. Standard by Tommy Forcella 11/29/2016. (d) Construction Lien Section 718.121(2), F.S., (SB 630, Page 35). A: Florida law supports the right of a condominium association or homeowners' association to review and approve prospective leases and tenants. Share with Us. When an association fails to do so, the result can be an expensive education for the Board of Directors and owners. A condominium associations right to approve sales or leases is almost mythical. may be leased or rented without the approval of the Association. (Section 718.111(12)(c)1, F.S. An April letter from the president of the doomed Florida building's condo board association reportedly warned the residents that the "observable damage such as in the garage" had gotten . Under the new Condo Board crime law, any Condo Board member that destroys an official document or record of the Condo Association "in furtherance of a crime" commits a crime. In, Barnett and Klein v. The President of Palm Beach, a Condominium, , an owner recovered damages for tortious interference with a contractual relationship when the association denied his effort to rent relying on a rule adopted by the board instead of a limitation in the declaration. It is important for Board Members, Property Managers, and Unit Owners to be familiar with this statute when it comes to imposing Fines and Suspensions on Unit Owners. Renewal of lease or sublease with the same tenant cannot be charged a fee. Becker & Poliakoff is one of Florida's preeminent law firms, and the firm that pioneered Condominium and Homeowners Association law in Florida. Fax: (239) 332-2243, 4632 Vincennes Blvd., Suite 101 I am not so sure that is law in Florida, since there could be very good reasons to disapprove a buyer that should not trigger for purchase by the association. 10. Basically, an association may disapprove a lease or prospective tenant, if the basis for the disapproval is reasonable and non-discriminatory. Associations often require that prospective tenants submit pages and pages of paperwork, undergo background and credit checks, and pay application fees. The condominium association may establish a maximum number of rental units within the project. The installation, repair, or maintenance of an electric vehicle charging station or a natural gas fuel station under this subsection of the statute does not constitute a material alteration or substantial addition to the common elements or association property. An overview of florida condominium association collections of past due maintenance fees. 5 See Mem. On the other hand, the statute also provides that owners are not entitled to access official records which includes any attorney client privilege or attorney work product prepared in connection with a lawsuit. Florida Community Association Professionals: Why Condominium Associations Must Carefully Evaluate Their Long-Standing Tenant Approval Policies Florida Today: The Fair Housing Act and Criminal . The law applies to all condos, apartments, and rental homes. Transfer Fees/Security Deposits Section 718.112(2)(i), F.S., (SB 630 Page 25), The maximum permissible transfer fee has been increased from $100 to $150. Emergency Powers Section 718.1265, F.S., (SB 630, Page 46). Under Fla. Stat. 2. Most agree that the financial records for a tenant are almost irrelevant since it is the unit owner who is responsible for paying the association. You have permission to edit this article. The Association should consult with its legal counsel before utilizing certain powers provided for in the governing documents, as sometimes, the very powers articulated in the those documents may be in violation of applicable laws. NOTE: Our Client Portal is Currently Undergoing Maintenance. The rule was held beyond the boards authority. An overwhelming number of board members seem to think that their associations have unfettered rights to interview, screen and either accept or reject prospective owners or tenants who are interested in purchasing or renting units within their community. The rule was held beyond the boards authority. The association is required to mail the package to the last address provided to the Association. The period of time a unit owner has to pay a monetary obligation is increased from 30 days to 45 days after receiving an associations notice of intent to record a claim of lien. In no event, however, may an association disapprove a proposed purchaser or lessee on the basis of race, gender, religion, national origin, or physical or mental handicap. The contact form sends information by non-encrypted email, which is not secure. Condominium Act. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Still, the Condo Association has control over the condominium and can exercise power over the tenant just as it can with residents (or prospective residents). History of nuisance in a previous community or in the subject community. Surfside (f) Creates Subsection 718.1265(3), F.S., to provide that during a declared state of emergency, condominium associations may not prohibit unit owners, tenants, guests, agents, or invitees of a unit owner from accessing the unit and the common elements and limited common elements for the purposes of ingress to and egress from the unit. 247 Tamiami Trail South, Suite 201, Venice, FL 34285 P (941) 955-9991 F (941) 484-9992 LAKEWOOD RANCH 8130 Main Street, Suite 206, Lakewood Ranch, FL 34202 P (941) 907-9022 F (941) 907-9024 Did you find this real estate law content useful, but need actual legal counsel? Whenever a tenant application is about to be denied, the Association must be ready to provide the specific reason for the denial, with such reason having its basis in a counsel-reviewed, tenant application policy. However, condominiums can refuse to approve a transfer when the unit owner is delinquent in amounts due to the association. 6. 7. Associations often require that prospective tenants submit pages and pages of paperwork, undergo background and credit checks, and pay application fees. When a condominium association unreasonably denies approval of a lease or sale, the association can be subjected to a claim for damages and board members might even be personally liable, notwithstanding substantial protection for condominium board members found in Floridas Condominium Act and Not-For-Profit Corporations Act. Among the changes made was one that restricts the right of a homeowner's association to implement rental . The period of time the condominium association must wait prior to foreclosing a claim of lien has been increased from 30 days to 45 days after the association gives written notice to the unit owner of its intention to foreclose the claim of lien. Once every decade, the Florida courts issue an opinion that profoundly changes the face of condominium law. 11. The. The trial court disagreed and explained the investment group bought knowing unit owners could amend the declaration at any time. Fort Myers, FL 33901 and Urban Dev., 56 F.3d 1243 (10th Cir. Many associations make a credit report part of the approval process, and one local association went so far as to require tax returns be submitted. These new laws clarify how residents of Florida can properly qualify for an emotional support animal and affirm the special rights ESA owners have. Those with disabilities are similarly protected. The prospective owner in the latter case went to court and the judge ruled insisting on tax returns was overreaching and unenforceable. The due date for a fine was changed from being due 5 days after the committee meeting at which the fine is approved, to being due 5 days after notice of an approved fine is provided to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner. If the Declaration provides this authority to the association, the maximum amount an association can charge a tenant for such a security deposit is one month's rent, as defined in . A few greedy condos, mostly in the Miami area, charged five and even ten times that amount. (Sections 718.1255 (4) and (5), F.S. Such is the case in Woodside Village Condominium Association, Inc. v. Jahren, 806 So. Most experts agree that the conviction of a violent felony might be sufficient or a history of refusing to follow the rules where the proposed new owner has lived. The minutes include votes on settlement parameters and include opinions of our counsel. Section 718.112(2)(p), F.S., dealing with conflicts of interest, was repealed. Condominiums must apply approval procedures with an even hand. Some declarations and bylaws for Florida communities provide associations with a right of first refusal, enabling them to accept the same terms and conditions for any good-faith lease offer that a unit-owner receives and is willing to accept. If the Association does have tenant approval power, whatever the reason for rejecting the tenant, the Association must be prepared to explain. The Board of Directors of many condominium associations takes their approval responsibility seriously, and they should. Additionally, the federal Fair Housing Act1 (more commonly referred to as the FHA) and Floridas Fair Housing Act2 each provide numerous protections from discrimination by housing providers, including condominium associations. A note to the reader: This article is intended to provide general information and is not intended to be a substitute for competent legal advice. The purpose for an Association to require a security deposit from a renter is to protect against damages to the common elements or association property. So, it is possible that the rule is valid, but you should first have the Declaration and the rule analyzed by a licensed Florida attorney to determine whether the authority is properly vested in the board.