Use of Dumpster

Has anyone ever heard that if you lease/rent out your Condo in the State of Florida or anywhere for that matter in an HOA and you as the owner are paying the maintance fees & taxes and maintaining the inside of the unit, etc. only the renter has access to the garbage dumpster? There is nothing in the documents, rules & regulations under rentals that states the owner loses privilages because of a rental. Is this a State Law or something? I now live in the community in the next section.

HiDoris,

Below is an excerpt from the Florida statutes- Chapter 718 regarding the matter. I might add that in my condominium association of 250 units, this is true. This means that we prohibit dual usage by a unit owner and tenant for all of our common elements... clubhouse, fitness center, tennis courts, pools and yes, the dumpster to name a few.

Out of curiosity, Doris, didn't you factor in your costs for your taxes, monthly assessments, insurance and maintenance when you determined your rental fee?

HTH,
Ann
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718.106 Condominium parcels; appurtenances; possession and enjoyment.—

(3) A unit owner is entitled to the exclusive possession of his or her unit, subject to the provisions of s. 718.111(5). He or she is entitled to use the common elements in accordance with the purposes for which they are intended, but no use may hinder or encroach upon the lawful rights of other unit owners.

(4) When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant. Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord pursuant to chapter 83. The association shall have the right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners.

Our CC&Rs specifically state that non-resident owners are prohibited from using common area facilities--this would include the dumpsters.

And in our case, our urban 200+ residences condo has 16 very scarce Visitor Parking spots in our underground garage. Some owners here now also own in a newer tower across the street, which like most here, has no visitor parking. Sometimes, they try to send their guests to our Visitor Parking; their guests aren't permitted access by our kiosk security officer.

Not so fast, everyone.

A California appeals court case, Major v. Miraverde Homeowners Association, decided against the HOA and it's dual use rule that excluded the owners from the common areas while their elderly mother occupied the condo. As the court referenced decisions in Florida that are similar in their written Opinion, it may not be a slam dunk that Doris is in the wrong.

The decision rested on two parts. The first was that the CC&Rs explicitly stated that owners could not transfer their interests or easement of enjoyment unless they sold their unit. The second part is more interesting and also goes to the question from Doris:

Furthermore, the Association's rules exclude the Rasmussens from the common areas while simultaneously charging them a fee for the common areas' use and improvements. If the Rasmussens were to fail to pay their annual or special assessments, the Association would have the right to charge interest, bring an action at law, or foreclose the lien upon the condominium. In return for the annual or special assessment fees, the Rasmussens, as nonresident members, would receive nothing. To de facto terminate the Rasmussens' right would impose a substantial obligation upon the Rasmussens while imposing no obligation at all on the Association. Such an illusory agreement would be not enforceable.

Doris stated that there is nothing in the documents that rule out dual use. Keep in mind that she didn't ask for opinions on the ethics of using the dumpster, just if anyone knew the law pertaining to her question.

I do not have a lot of Trash to haul over, its the principal of the matter. The people that are running the place now (the Board-Section 6) are inexperienced & have a vendada against Section 6a villa owners.
This has been going on for years & recently has gotten worst. I was acting President briefly because I own a condo there. After several Preidents before me where forced to resign and I wouldn't go along with their control I also was forced to resign.

My husband volunteered & worked there for 8 years Free & always had access to the dumspter as long as he was breaking his back for them.
Thanks for all your imput. You guys are the Best!