The law also now provides that a person is delinquent if a payment is not made by the due date as specifically identified in the Declaration of Condominium, Bylaws, or Articles of Incorporation. In no event, however, may an association disapprove a proposed purchaser or lessee on the basis of race, gender, religion, national origin, or physical or mental handicap. The unit owner is responsible for the cost for the supply and storage of the natural gas fuel station. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Previously, the Division only retained jurisdiction after turnover to investigate complaints against the developer related exclusively to financial issues, elections, and unit owner access to the official records. These new laws clarify how residents of Florida can properly qualify for an emotional support animal and affirm the special rights ESA owners have. The 2021 Florida legislative session produced several bills that made numerous changes to condominium law (Chapter 718, Florida Statutes; the Condominium Act) that will affect the operation of condominium associations across the State. Many associations use a blanket term prohibiting "aggressive" dog breeds. Managers Report eNewsletter. My HOA requires a signed lease contract prior to the HOA background check and interview process. When you apply to rent a condo: you'll need to get approved first by the landlord and then by the building's association (also known as homeowners association and condo association). The Florida Condominium Act, Fla. Stat. The association can also charge a security deposit in connection with approval of a lease, not to exceed the equivalent of one months rent, but only if the authority to do so is in the declaration or bylaws. In, Phillips v. Hunter Trails Community Association. The law clarifies that only service on the Board of a condominium association that occurs on or after July 1, 2018, may be used when calculating a Board members term limit of 8 consecutive years. The tenant application process to a condominium association can be long, arduous, and sometimes, expensive. The investment group argued the amendment was a violation of their property rights. FCAP Member Advantage eNewsletter In particular, the rental prohibition or regulation will not apply to an heir who acquires the title as a result of the prior owners death or where title is transferred from the prior owner to an entity affiliated with a prior owner. Talk to a Lawyer However, those exceptions are limited to: (a) rental restrictions that prohibit or regulate lease terms which are less than 6 months; and (b) rental restrictions that prohibit rentals of a parcel more than three times in a calendar year. Combined Declaration of One or More Condominiums Section 718.405(5), F.S., (SB 630, Page 54). Conflicts of Interest Section 718.112(2)(p), F.S., (SB 630, Page 29). The affirmative acknowledgments of unit owners related to any change in the method of delivery for assessments must be maintained by the association as an official record, but such record is not accessible to other unit owners as an official record. The Board of Directors of many condominium associations takes their approval responsibility seriously, and they should. The statute does not limit estoppel fees to condos with such authority in their governing documents so every Florida condominium can charge the fee unless its governing documents prohibit it. and lease renewals shall be on forms approved by Association and shall provide that Association shall have the right to terminate the lease upon default by the tenant or other occupant of . In addition, it is imperative for associations to base their decisions on legitimate factors as provided within the policies set forth in their governing documents, including but not limited to matters such as credit worthiness, evictions, criminal records, interviews with past landlords, and others. Phone: (239) 542-3148 As I indicated, the requirement to obtain an associations approval prior to selling or leasing a home or unit is deemed to be a restraint on the alienation of such real property, and as such, that restraint may only be imposed to the extent that it is reasonable. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. / SB 630 Page 12), 3. Standard by Tommy Forcella 11/29/2016. Miami-Dade County Ordinance Section 11A-18.1(b) requires that the Association must: (i) provide notice within 45 days of any tenant application rejection, and (ii) state, with specificity, the reason for the rejection. You have permission to edit this article. (d) Construction Lien Section 718.121(2), F.S., (SB 630, Page 35). The FHA prohibits housing providers from refusing to otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.4 Despite the FHAs language, which provides protections for minority groups based on race, color, religion, sex, familial status, or national origin, the FHAs reach has been expanded to protect other minority groups not specifically listed in the statute. Some governing documents give the Board of Directors plenary power to adopt, modify or otherwise change use restrictions. 5. It also provides that condominium associations may charge a fee for approval of leases or sales, as long as the fee is provided in the declaration, articles or bylaws. We offer legal assistance in all matters of condominium association law, homeowners and community association law, real estate litigations and transactions, residential and commercial closings, and insurance law. A recent lawsuit filed by a tenant against a Miami condominium association is claiming excessive application fees were charged, violating the Florida law. T he tenant application process to a condominium association can be long, arduous, and sometimes, expensive. A: Florida law supports the right of a condominium association or homeowners' association to review and approve prospective leases and tenants. Unreasonable restraints on the alienation of property are disfavored by Florida courts. The contact form sends information by non-encrypted email, which is not secure. No owner or agent shall execute a lease with any proposed how a payment plan is approved, who (the association or its attorney) will . Visit www.gadclaw.com or ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. Generally speaking, if an association's recorded governing documents do not contain the authority to evict a tenant within the condominium, then the association probably does not have the power to do so, unless there is a separate written agreement delegating that authority from the unit owner/landlord. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. at 2522. Your HOA . Militzok & Associates are toxic black mold attorneys who are proud to represent individuals and families throughout the State of Florida who are suffering injuries from mold exposure, musty smells and other types of indoor air quality issues. The fee may not be more than $100 per applicant and a husband/wife or parent/dependent child are considered one applicant. Photo courtesy of Oleg Ivanov Given the sensitive nature of those rights and the potential for liability should the association overstep its rights we caution that every association consult with its legal counsel to obtain a clear understanding as to its right to approve or disapprove potential purchasers and tenants. If the Association does have tenant approval power, whatever the reason for rejecting the tenant, the Association must be prepared to explain. The bill modifies certain provisions in the Florida Statutes that impact condominium associations and homeowners' associations. For transfer purposes, spouses, a parent or parents, and any dependent children are considered one applicant. What might those be? In sum, Florida law does not allow condominium associations to discriminate against someone who is renting a unit in the condominium. A: When an attorney draws up association documents when a condo building is being built or converted, those documents can become out-of-date over time. The Association should carefully consider its policy regarding tenant applications, specifically the criteria used by the Association in making its decisions, to ensure that valid interests are protected by such policy. If the Declaration provides this authority to the association, the maximum amount an association can charge a tenant for such a security deposit is one month's rent, as defined in . To view past articles, please click Publications on our firm website. 11. Associations often require that prospective tenants submit pages and pages of paperwork, undergo background and credit checks, and pay application fees. Condominiums Rights to Approve Transfers, Rules can be changed by unit owners voting to amend the declaration. Specifically, the Florida Condominium Act and Homeowners Association Act provide that an association's official records must include a statement of the account for each owner designating the due date and amount of each assessment, the amount paid on the account, and the balance due. Ombudsmans Office Section 718.5014, F.S., (SB 630, Page 65). Rule 61B-23 ; Florida Condominium Association Board Members Voting . It would appear that a person is eligible to be elected and then, immediately upon being seated, would be deemed to have abandoned his or her seat. A:This is a good question because the Florida Condominium Act does require that the Board keep minutes of every board meeting, and that minutes are official records that must be made available to owners when requesting access to official records. It is dangerous for Associations to deny tenant applications without having a specific, justifiable basis, as such a rejection may open the Association up to potential liability. The statute was amended to permit a unit owner to install a natural gas fuel station, subject to the same requirements as a unit owner installing an electric vehicle charging station. 1. The tenant was charge at total of $625 in non-refundable fees by Quantum on the Bay, which included . The information provided herein is for informational purposes only and should not be construed as legal advice. In the Inclusive Communities Project opinion, Justice Kennedy explained: An important and appropriate means of ensuring that disparate-impact liability is properly limited is to give housing authorities and private developers leeway to state and explain the valid interest served by their policies. For example, prior to the Inclusive Communities Project decision, certain federal Courts found that limiting the number of occupants in a unit can be an acceptable policy under the FHA. Division Enforcement of Developers Section 718.501(1), F.S., (SB 630, Page 54). Those with disabilities are similarly protected. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Attorney at Law at Dania S. Fernandez and Associates, P.A. In Florida, as opposed to many other states, HOAs and condo associations have a good amount of say in approving potential buyers and renters. 1995); U.S. v. Weiss, 847 F. Supp.