💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JohnS56 (Florida)
Posts: 21
Posted:
In 2008, our condominium association passed an amendment to the condo docs (without advance notice)that the board would now require one year minimum on rentals. We never had the opportunity to vote on it. The original documents did not address any time issue. We purchased our unit in 1999. When I signed a recent lease with a tenant two years ago, they required us to sign a paper that said we agreed to all rules and regulations of the condo association

718.110 (13) Any amendment restricting unit owners' rights relating to the
rental of units applies only to unit owners who consent to the amendment
and unit owners who purchase their units after the effective date of
that amendment.

I know you have been discussing this statute lately. iIn his column, Joe Adams (of Becker - Poliakoff) has stated that (13) applies only to those who VOTED for the amendment - not, I presume, an owner who was coerced into signing a piece of paper or his tenants would not be allowed to move in.

What says our group?
CarolR11 (Colorado)
Posts: 2,563
Posted:
Which one of your governing docs was amended, John? Let's say it was your CC&Rs. If so, the amendment needed to be made following your CC&Rs verbiage for making amendments.

Generally a large % of Owners need to cast ballots in favor, so I don't know if the amendment even is legit.
JohnS56 (Florida)
Posts: 21
Posted:
Florida Statute 718.110 (13) states that the condo owner must consent to the amendment; which implies that the board must hold it for a vote of the members.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
John

You say:

In 2008, our condominium association passed an amendment to the condo docs (without advance notice) that the board would now require one year minimum on rentals.

This sounds contradictory to me. I believe the owners (association) do have the authority to amend the docs to do so, but the BOD (board) does not have the authority to do so on its own.

Which was it?

John

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here