AlF1 (Florida)
Posts: 3
Posts: 3
Posted:
Sorry for the long and detailed post, but I am asking for input and advice. I may have to seek out legal counsel, but I am hoping it will not get to that point. I cannot see my association wasting money on such a trivial issue, and I am hoping that I would not have to spend my money as well. But I feel strongly about this issue and do not want to be bullied around because some board member thinks they can get away with it.
I am in a disagreement with my association regarding my status as a resident. I travel quite a bit, in fact I have been in Mexico for the last 3 months, and I do not spend much time at my unit. However, I have always considered myself a resident of Florida, and have all my legal documents with my unit's address, i.e. voter registration, driver license, vehicle registrations, homestead exemption and banking records. In my absence, I will occasionally have someone stay in my unit, strictly as a house sitter or guest. No one pays rent and the stays are usually short term, maybe a month or two. Most of the year, my unit is not occupied, unless I return, which I did most recently in November 2015.
The real issue here is regarding a small storage trailer that is legally registered to me and is in a common storage area that is used by "residents" for the same purpose. The association has sent me letters telling me that I must remove the trailer because they have determined that I am not a resident of the resort because they claim that I am "renting my property or having someone else living there". This is their wording as they quote Florida Statute 718.106(4).
In order to comply with the rules, I always have my guests stop in at the office to inform them that they will be staying in my unit. The office requires all guests to complete the form which is titled "Notice of intention to lease, rent or occupy apartment", regardless of whether that person pays rent or not. The association is waving this document claiming that someone else occupies the unit.
I am arguing that they are interpreting the law incorrectly which states; "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. .....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." The association rules address the useage of the common area for "residents only" and that the trailers must be legally and actively registered. However, that they are arbitrarily changing my "legal residential status" under their incorrect assumption that I am renting or leasing out my unit.
I have informed them of these facts that I have posted here. I am drafting a written response to their most recent letter, dated February 2016, which they claim they will be "turning the matter over to their legal counsel for compliance" if I do not remove the trailer within 10 days. My draft will include a definition of a "legal resident" which states "the permanent fixed place of abode at a specific address to which one intends to return, despite temporary absences or residence elsewhere : a domiciliary house or habitation where one intends to dwell indefinitely despite temporary absences". I will also be addressing the requirement of a lease, which involves an agreement with an exchange of money, which there is none.
The association is assuming that when a unit is occupied by another person, it is automatically considered a lease and the unit owner must give up the right to use the common area.
So these are the facts and hope that I can get some input. Thanks in advance for your help.
I am in a disagreement with my association regarding my status as a resident. I travel quite a bit, in fact I have been in Mexico for the last 3 months, and I do not spend much time at my unit. However, I have always considered myself a resident of Florida, and have all my legal documents with my unit's address, i.e. voter registration, driver license, vehicle registrations, homestead exemption and banking records. In my absence, I will occasionally have someone stay in my unit, strictly as a house sitter or guest. No one pays rent and the stays are usually short term, maybe a month or two. Most of the year, my unit is not occupied, unless I return, which I did most recently in November 2015.
The real issue here is regarding a small storage trailer that is legally registered to me and is in a common storage area that is used by "residents" for the same purpose. The association has sent me letters telling me that I must remove the trailer because they have determined that I am not a resident of the resort because they claim that I am "renting my property or having someone else living there". This is their wording as they quote Florida Statute 718.106(4).
In order to comply with the rules, I always have my guests stop in at the office to inform them that they will be staying in my unit. The office requires all guests to complete the form which is titled "Notice of intention to lease, rent or occupy apartment", regardless of whether that person pays rent or not. The association is waving this document claiming that someone else occupies the unit.
I am arguing that they are interpreting the law incorrectly which states; "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. .....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." The association rules address the useage of the common area for "residents only" and that the trailers must be legally and actively registered. However, that they are arbitrarily changing my "legal residential status" under their incorrect assumption that I am renting or leasing out my unit.
I have informed them of these facts that I have posted here. I am drafting a written response to their most recent letter, dated February 2016, which they claim they will be "turning the matter over to their legal counsel for compliance" if I do not remove the trailer within 10 days. My draft will include a definition of a "legal resident" which states "the permanent fixed place of abode at a specific address to which one intends to return, despite temporary absences or residence elsewhere : a domiciliary house or habitation where one intends to dwell indefinitely despite temporary absences". I will also be addressing the requirement of a lease, which involves an agreement with an exchange of money, which there is none.
The association is assuming that when a unit is occupied by another person, it is automatically considered a lease and the unit owner must give up the right to use the common area.
So these are the facts and hope that I can get some input. Thanks in advance for your help.