Can a Condo Association Evict a Tenant in Florida
two. Lien for Enforcement of Maintenance or Damage to Association Property: An owner or his/her tenant, guest or family member amercement the common elements or mutual surface area, or the owner fails to maintain his/her unit and the association must enter the unit to perform the maintenance or repair to protect the common elements or the other units. In our experience, in each of these scenarios the board of directors oft assumes the association may record a lien against the owner's unit of measurement for the expenses incurred by the Association to maintain or repair the mutual elements/common surface area or the owner's unit. Nevertheless, often time that is not the case. The lien of a community association secures the payment of assessments for "common expenses." Common expenses are divers in the association's governing documents and the applicable statute. However, other costs incurred by a customs association with respect to enforcing an owner's maintenance obligations or repairing damage caused past the negligence of an possessor or his/her family unit members or guests are non necessarily secured by a lien confronting the unit or lot. The community clan's governing documents must specifically authorize the clan to "assess" the owner for these costs, and to record a lien for non-payment. Therefore, we suggest that boards of directors carefully review their governing documents with their association counsel to determine the extent of the association'south cess and lien potency before the association incurs substantial expense to enforce the maintenance obligations of a unit of measurement or lot possessor. Additionally, in the case of damage caused past the negligence of a unit or lot owner, if the governing documents authorize the association to charge the owner and/or impose a lien for such expenses, the documents will frequently provide that the association must attempt to make an insurance claim and obtain proceeds earlier information technology may appraise or otherwise charge the costs to an owner.
iii. Delinquency Reports: Malversation reports are not confidential. They are part of a community association's official records, they are subject to inspection by other owners and they may (and should) be openly discussed at Lath meetings when the Board is making decisions with respect to delinquency situations. Specifically, the Florida Condominium Deed and Homeowners Association Human activity provide that an clan's official records must include a statement of the account for each owner designating the due appointment and amount of each cess, the amount paid on the business relationship, and the balance due. Notwithstanding, exist enlightened that "deadbeat lists" are strictly prohibited by Florida consumer protection laws and a customs association is prohibited from posting a list of delinquent owners for the purpose of enforcing or at- tempting to enforce the drove of assessments.
iv. Election of Directors by Cloak-and-dagger Election: While the Florida Condominium Human action provides that elections must be by hugger-mugger election, elections in a homeowners association are not always by secret ballot. It simply depends on the provisions of the particular homeowners association's governing documents, and governing documents must be analyzed on a case-by-case ground considering they are not all the same. The Florida Homeowners Association Human action provides that elections of directors must exist conducted in accordance with the procedures set along in the governing documents of the clan. Therefore, each homeowners association must review its governing documents to determine if the election is past secret ballot. If the governing documents allow voting by members who are not in attendance at the coming together by secret ballot (i.e. secret ballot in advance of the election), the ballots must be placed in inner and outer envelopes and the outer envelope must be marked with the proper name, accost and signature of the lot or packet possessor casting the ballot, like a condo-mode ballot per a recent subpoena to the Florida Homeowners Association Act. Practice not assume that a homeowners association has the inherent right to conduct an ballot by mail-in or delivery of secret ballots by members not in omnipresence at the election meeting. Again, the authority to conduct an election in such style must be ready forth in the association's governing documents.
5. Access to Units/Lots: The Florida Condominium Act provides as follows with respect to access to units: The clan has the irrevocable right of admission to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of whatsoever mutual elements or of whatever portion of a unit of measurement to be maintained by the association pursuant to the declaration or as necessary to foreclose harm to the common elements or to a unit of measurement. The Florida Condominium Act also addresses a condominium association's say-so to enter an "abandoned unit of measurement", every bit defined past the statute. All the same, the Florida Homeowners Association Human activity does not provide a homeowners association with any authorisation to enter a lot or dwelling house to audit the property or to forbid damage to the common area or other lots. This potency must be contained in the homeowners clan'southward annunciation of covenants. Accessing or entering a lot without express authority could upshot in liability to the clan in the form of trespass and damages. Therefore, nosotros suggest that homeowners associations consider alteration their annunciation of covenants to provide the clan with dominance to access a lot.
By Allison 50. Hertz, Esq., Rosenbaum Mollengarden PLLC
Source: http://www.campbellpropertymanagement.com/blog/2015/06/15/5-of-the-most-common-misperceptions-of-community-associations/
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