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StanS3 (Florida)
Posts: 1
Posted:
I have a unit in a multi-story building. I purchased it with the intent on renting it out at least occasionally, but never even thought it would be so complicated. Here are some of the rules:
1-Unit must be owned for at least 1 year before it can be rented out (no problems with this one, I understand the purpose).
2-Unit can only be rented once every two years - This one seems to be unreasonable, most people sign a one year contract.
3- I have to have an appliance service contract with a third party.
4-Renter has to pay a 1 month deposit to HOA, pass HOA screening($150.00)with a lot of personal info i.e., bank verification, references and so on AND a face to face interview.
Then, I have to have a rental contract. All of this makes it so complicated for myself and potential renter, that it is almost impossible to find a goo renter, especially with having to pay 2 deposits, one to HOA and one to landlord - me.
QUESTION:
Unit is in Florida and are there any regulations that regulate or put a limit on the level of complication that HOA can enforce? It seems that with enough votes you can do any amendment or change to bylaws, after all a majority never cares about minority until they find themselves to be a minority.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
QUESTION:
Unit is in Florida and are there any regulations that regulate or put a limit on the level of complication that HOA can enforce? It seems that with enough votes you can do any amendment or change to bylaws, after all a majority never cares about minority until they find themselves to be a minority.


sounds like a true democracy

this is PRECISELY why T. Jefferson said:

"Gentlemen, I give you the REPUBLIC, I pray that you may keep her."

CAVEAT EMPTOR
JohnB26 (South Carolina)
Posts: 1,569
Posted:
from "The Patch", Portsmouth, New Hampshire:

β€œA lot of times in the drafting of these instruments, there is a lot to be desired,” McEachern said. β€œA condominium is the worst form of democracy ever devised.”

Unfortunately, McEachern said β€œmost people don’t have any idea when they buy a condominium.”

TimB4 (Tennessee)
Posts: 21,059
Posted:
QUESTION:
Unit is in Florida and are there any regulations that regulate or put a limit on the level of complication that HOA can enforce?

As a condominium, FL 718, the Condominium Act would apply.

Expecting that the Association is also incorporated as a nonprofit corporation
FL 617, Florida Not For Profit Corporation Act would also apply.

Understand that most newly adopted rental restrictions are being adopted because of requirements within The Condominium Project Approval and Processing Guide. Some of these requirements were tightened by the housing bailout laws passed in 2008/9 as shown by HUD MORTGAGEE LETTER 2009-19 (a word document from hud.gov website).

The ability of the Association to be part of the actual rental process (approval of tenants, etc.) would be within your Associations governing documents. Any rental restrictions adopted by a Bylaw amendment (or resolution) may not be in conflict with the CC&Rs or State law. If they are in conflict, the higher precedence document would have overrule (or "control") the part of the amendment that is in conflict (the rest of the amendment would still be enforceable).

Unfortunately, it would take legal action to challenge the Bylaw amendment (or resolution). For this, you would need to consult with a local attorney. I would suggest one versed in contract and property law.

Hope this helps,

Tim

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