Condo Association Management Blog

Yes, this is one of the few things that can be imposed on renters. Confirmed two days ago through the ombudsman training class on covenants and restrictions.

The Ombudsman's office changes it's opinion quite often. BTW the Ombudsman's opinion doesn't matter, because it does not fall within their powers to deem rules enforceable or unenforceable. 
 
The Ombudsman's powers and duties can be found in the Florida Statutes 718.5012. I wouldn't expect them to actually do what they have the powers to do though.... 
 
If the Association tried to enforce that rule, against a renter, they would have to file with the DBPR for arbitration. It would be up to an Arbitrator to issue a ruling. Selective enforcement could be used as a defense. Also of question would be whether or not the rule promulgated would be reasonable. The Board's rules should always be reasonable. As managers we have been taught that applying rules differently to owners and renters should not be done.

Our association rules state that an owner can have one pet under 25 pounds on premiss. If an owner has two or three dogs in the unit the own as long as they onyl allow one dog at a time to be on the common ground is that a violation of the rules?

DBPR will not get involved with tenant/owner issues--check the older mediation cases. Because of that, HOA's limit what they will and won't allow for tenants to address the problem ahead of time. Remember, they don't write rules for the people who don't cause problems, they write them because of the people who WILL.

Doesn't seem to me that the question was presented as problem between the owner & the tenant, but rather the condo association / tenant. It also seemed as if the person asking was a tenant, not owner, as they just moved in and wanted to know if the rule is enforceable. If they were an owner, they probably wouldn't be asking if it was enforceable for tenants.

Can a condo association tell you that you are not allowed to have a pet as long as it is caged and meets their under 20 lb rule. I have a baby nonvenomous snake that they are throwing a fit about. I do not feel this is right, since it is not affecting the condition of the unit or the other tenants.