The Division now retains jurisdiction to investigate complaints against developers for failure to maintain the associations official records. The bill modifies certain provisions in the Florida Statutes that impact condominium associations and homeowners associations. William G. Morris and his firm have represented clients in Collier County for over 30 years. Jacob Epstein is an associate with the Miami-based law firm of Haber Slade, P.A. That reduced the fees charged by the greedy, but almost every other condominium association quickly increased their estoppel fee to $250. 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. 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. You have permission to edit this article. A condominium associations right to approve sales or leases is almost mythical. 2. Prior to denying an application, and prior to offering a reason for the denial, the Association must ensure compliance with these laws, the reach of which was recently expanded by the United States Supreme Court. Given the sensitive nature of those rights and the potential for liability should the association overstep its rights we caution that every association consult with its legal counsel to obtain a clear understanding as to its right to approve or disapprove potential purchasers and tenants. Florida Community Association Professionals: Why Condominium Associations Must Carefully Evaluate Their Long-Standing Tenant Approval Policies Florida Today: The Fair Housing Act and Criminal . Generally speaking, if an association's recorded governing documents do not contain the authority to evict a tenant within the condominium, then the association probably does not have the power to do so, unless there is a separate written agreement delegating that authority from the unit owner/landlord. He is a partner and an experienced construction and real estate attorney with the Pavese Law Firm, 1833 Hendry Street, Fort Myers, FL 33901; Telephone: (239) 334-2195; Fax: (239) 332-2243.
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