Legal Question in Landlord & Tenant Law in Florida

My HOA is redoing their docs, and they have a huge section in there about Owners and leasing their units out. The HOA wants the Owners of their property that rent out their unit to:

1. Get written approval from Board to get a lease to rent unit, plus a lease application fee to be determined by Board.

2. All renewals or extensions of lease must get written approval from Board. The Board will then give the owner a 7 day commencement period for Board to reply with a written approval, and they require a standard form application for lease approval and a standard form lease.

3. Take security deposit from owner and put in an escrow account under their control, for damages that might occur in the common area(pool), they are stating that they have the authority to take this amount which is not to exceed the equivalent of one month's rent.

4. The Board is stating that they will determine what will be returned (security deposit) to tenant based on damages if any to common area. I think this is the right of the owner to be determined on the condition of rental unit as to what amount of security deposit that should be returned.

5. Tell the owner that the lease has to be 12 months in length. Florida Law states that the Owner can decide what length to rent out their own house.

6. Leases may be denied on any other reasonable ground.

7. The Board can declare lease agreement in default due to violations and then have the Owner pay attorney fees, court cost and expenses of eviction.

I have a Lease that I've been using to rent out my townhouse for the last 8 years which was written by a Real Estate Lawyer. I think that the HOA/Board of Directors are taking this whole leasing/renting out units too far. They are taking my rights away as an Owner of a townhouse with who and what I do with my property. I returned my proxy with NO to the Docs with Leasing details, and this is getting a vote on April 21st. I need to know if I have rights to get a lawyer and fight this nonsense with the Board of Directors. They also changed management companies around Aug-Sept last year and did not give a written notice that this change was happening, they just gave us a letter stating where to send our monthly Association payments too.


Asked on 4/08/14, 6:19 pm

1 Answer from Attorneys
Daniel Lenghea Daniel Lenghea, P.A.

Dear Sir/Madam:

HOA have the right to create what are called restrictive covenants, or restriction on the rights of the members of the association. Your HOA has recorded documents that set the quorum requirements and votes of members to modify the HOA documents.

If the amendments pass by the requisite quorum and votes there is nothing you can do unless the restrictions violate housing rules and discrimination rules. From what you mentioned in your question these are common found restrictions, except a denial of a lease for any other reasonable ground which is not properly defined (is vague and improperly defined).

There would be nothing you can do. When you have accepted to buy in an HOA you have agreed to be subject to the restrictions and covenants, past present, and future as properly voted and approved by the HOA. If the HOA decides that all houses should be painted pink you would have to do it, or accept the color.

The minority would have to accept the majority vote as long as it is not against the law.

You can obtain a letter of opinion from an attorney with respect to certain issues that may be at the limit of the law.

Should you need further information you can contact my office for a free consultation.

Sincerely yours,

Daniel Lenghea

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Answered on 5/01/14, 2:02 pm


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