55+ communities - Florida

We are in the process of re-writing our handbook for a 55+ community. We are a registered 55+ community, just feel the need to up-date and perfect forms to be signed by home owners and/or renters. If you have samples of some of the forms you have had luck with I would appreciate having a look at them. We have forms which we inherited from a previous Board but would like to streamline the paperwork to look more professional. Your held is appreciated.

How about a Lease Addendum or Rental Agreement. We have a good Age Verification Form, but really want to clean-up the records.

Judy this is from an HOA in Virginia but is a well crafted resolution and addendum. You could tweak it for your use but it should be reviewed by the HOA's attorney to make sure it doesn't violate Florida law or your own CC&R's.

http://www.unionmills.com/documents/umca_lease_addendum.pdf

DotA,
Looks like you got a plate full. Also looks like you need to really decide as a community what you are going to be. I see you recognize the states position is to let you do all hte work, then if things turn sour they can pass the banner to you and all othe associations. I think I understand what you are looking for in the way of a silver bullet to knock down dead any problems than can arise. As passe as you believe your booklet to be, you may find if helpful and less stressful to tweak what you have. Believe me, opening this wide open nd jumping in to this kind of a "can of worms" will prove costly, laborious, painful, create neighborhood problems, and take up all your time. Some one wrote on this site something that sticks with me when I am thinking about how to solve ALL these associations problem with a couple rules and regulations.

It is discouraging but it makes sense. "It is better for an association to be sued than it is to sue someone."

This may sound far afield in rellevance to your problem, but I suggest you try to be perfect, you are going to have to sue one of your neighbors.

Your rental issue stands out. I am in the same spot, and mayube some day it will be addressed by the states and laws will be written to protect the fulltime resident. Our documents require a signed lease, our Board doesn't even give the clause a glance, most of them rent. So, unless you have solid support, and there are restricted condos out there, how do you solve the problem? The state says solve it yourselve, that is also what SC says. I know I didn't help and throwed more crap in the game, and will be watching to see how you make out and what help you get, in the how to deparment.

Everyone,
Florida is one of just a few States that have laws on evictions of renters. There are just a few reasons and most HOA documents would be useless against these laws. As a landlord, I sent for the pamphlet on evictions and was suprised on how many rights tenants have that I was not aware of.

So the jist of this post is to say that if any HOA wants some teeth in their Rules and Regs on tenants/renters, they had better aim them at the unit owner or landlord because the HOA is not usually involved in the allowed reasons for eviction. I better get them out because I know the questions will come flying in.

All of the paperwork that associations want tenants to sign would be useless in courts.

You are probably more right than wrong Donna, and certainly 100% right about who does the evicting.

To throw crap into the game our documents say the owner automatically sign over all his property rights to the tenant, except his right to vote. I am at a loss to explain, if asked, does this include his right to pay dues and assessments. Our rental covenants require a signed lease, a copy to be in managers offices before occupying. Our Board NEVER required either, any action of any kind is a reminder to the tenent that they are not following the rules of conduct. I am pretty sure, we can shut off water to any individual unit and have actually done this, to much ado and confusion. I honestly believe we have the teeth in our covenants but have always lacked the backbone in our boards. Da backbone connected to the leg bone, the leg bone connected to, etc, etc.

No George, unfortunately at this time it only exists for condos not stand alone dwellings. So far (Knock Wood) we have not had to make use of it.

Well, regarding the 55+ regulations, I'm disappointed no one else seems to have anything to go by either. I guess our community has been very cooperative in comparison. Recently we (Board members)caught a rental moving in. There were 2 little kids, bikes, exercise equipment, etc. We confronted them and informed them we needed age verification forms on the people and we were ASSURED there was to be a 76 year old woman and her care giver in residence. We gave them the affidavit and were promised a completed form after the weekend. Later in the week we received a copy of a license and the form filled out but not notarized. That was returned requesting notarized materials OR a change of license address on the 55+ woman noted as residing there. We got another form and it was notarized but no updated license. We checked with the neighbors regarding traffic, etc. and of course no one had seen anyone other than a young couple living there. I started communicating with the owner regarding the problem. It took almost 3 months and a few perjury threats because of course the 76 year old woman never materialized. I felt we were setting a precedence that was essential to this community and the community backed the Boards actions. We even had a petition prepared in case we needed it. Time consuming, you bet. However, we are hoping by showing we mean to uphold the State's limited formula, (per the forms supplied)we will set the regulations standard for what comes along down the line. I was just hoping beyond hope that someone else had already taken the time to prepare up a set of regulations to go by. Due to some unrest in the community, we have already had a pair of "investigators" from the state drop in on us unannounced. Fortunately, upon taking over the records by a new officer, they had been updated and evidently passed inspection with no problem. Our goal is to have this community understand what is required (legally) from them and organize an easy solution to help uphold necessary requirements. Any input will be most appreciated. We have just organized a committee to try to set up a list of regulations to go by. Are we having fun yet???

George: I have found, so far, being a squeaky wheel seems to accomplish what needs to be done form wise. I contact the owners and advise them according to the state forms, "lacking an age verification affidavit" voids their lease. If I still get no cooperation from the landlords, I send the form and information to the rental address and advise them this form is required and unless the Board receives it, their lease is considered void. That seems to make some impression. The "problem young people" that moved in had to put up with the Community watching them and they were not made welcome. However, I believe it was pestering the owner that got the deed accomplished and of course he could have made himself unavailable to our communications and made it more difficult for the Board. I understand how hard it is to evict and we have no intention of getting involved with that part of it. Our intention is to get the owner's cooperation by making sure the community is educated as to what is required PRERENTAL. Our "Addendum to Lease or Rental Agreement" has that notation on it. If we see a sign "for rent" or "for sale by owner", we immediately send off the forms in hopes of avoiding the problems. Our community also has a monthly newsletter and we try to insert each month, some information regarding the requirements in a 55+ community.