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Condo association and HOA problems with renters

Posted on Fri, Apr 23, 2010 @ 06:08 AM
  
  
  
  

condo association rulesOur Condo Association in Florida is dealing with a Rental Agent that provides renters for 4 or 5 units in the community association. We have experienced problems with condo association violations from all of her renters she puts in these units for absentee owners. When we address the problems she consistently defends there actions when they are in clear violation and are a nuisance to the neighbors. She also does not enforce curing the situation, when we bring the violation up to the owners through letters she again defends the renters and puts the condo association board in a bad light.  She puts renters in units without going threw the proper procedures set forth in our condo documents. When it's election time she has proxies signed over to her and votes for whoever she feels she can control. We would like to bar her for a limited time from renting property in our community. With the majority vote from the Board can we do this?

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Everybody within the community has to abide the condo docs, follow the proper procedure, if not the board may fine$$$ the owners, and may issue a CC&R, if the renters are not complying with the condo docs (rules and regulations, by law) you may evict them consult with the attorney of the association on how to proceed. 
 
It is recommended that every time a violation occur document it and take pictures (if applicable) this way you will have prove of the same 
 
We would like to bar her for a limited time from renting property in our community. With the majority vote from the Board can we do this?...You have to check your condo docs and see what they said about it and be careful not to violate any Civil Rights Act or the Florida Tenants Act 
 

posted @ Friday, April 23, 2010 8:44 AM by Jose E. Humaran


Our CC&Rs say that if someone is not current on dues, they don't have voting rights at meetings. 
 
So, if you fine her for violations and she doesn't pay, then probably your CC&Rs have something similar which would ban her from voting. If it's not in your CC&R's, maybe you can vote to add it to the CC&Rs or just as a rule.

posted @ Friday, April 23, 2010 10:58 AM by Deni


First to address this comment: 
 
"When it's election time she has proxies signed over to her and votes for whoever she feels she can control." 
 
Under Florida Law, proxies may not be used in an election - period. Specified under Florida Statute, 718.112(2)(d)3 as follows: 
 
3. The members of the board shall be elected by written ballot or voting machine. Proxies shall in 
no event be used in electing the board, either in general elections or elections to fill vacancies 
caused by recall, resignation, or otherwise, unless otherwise provided in this chapter 
 
There is also a part of the statues which states no unit owner may allow another to vote for them.  
 
Meaning, even if the owners wanted to they may not allow this individual to vote for them in an election - even with power of attorney over the unit. 
 
I am a state certified election monitor and power of attorneys are not allowed to vote for Board members. 
 
An additional requirement to prevent this individual from walking all over the board is by enforcing voting certificates across the board. Most condo docs have a requirement that if the unit is owned by multiple individuals or a corporation a voting certificate signed by all voting members and appointing one of the owners -- not a third part as the voting member. Most times, rental agents are not able to produce a voting certificate.  
 
In general you should probably start by implementing proper election procedures. This individual is walking all over the board because the board has not followed state statutes, laws and proper procedure.  

posted @ Friday, April 23, 2010 4:48 PM by Joyce @ thecondocommando.com


does anyone have a rule limiting how many units one owner has?. We are concerned with just this type owner/slumlord

posted @ Wednesday, April 28, 2010 9:36 AM by Jane


It is my opinion that someone sharing your unit is not the same as what is considered a rental. I believe this is true even if expenses are shared. The intent is to not allow investors to place non-owners in units. I need an answer. 
 
Sincerely, 
 
Jim Court 
idealist2@aol.com

posted @ Tuesday, May 11, 2010 2:58 PM by Jim Court


What is your take on squatters 
 
 
 
or illegal parties living in condo's, not paying any maint, fees.

posted @ Wednesday, November 17, 2010 9:10 AM by Henry Bolus


What is your take on squatters 
 
or illegal persons living in condo's?

posted @ Wednesday, November 17, 2010 9:14 AM by Henry Bolus


Rightly said, not only the landlords, but the association, society also have problems with tenants. this is due to the various notorious tenants.

posted @ Saturday, March 22, 2014 2:44 AM by properties for rent in st. Inez


This is utter non-sense stuff by her.You should take some serious action. 

posted @ Wednesday, April 02, 2014 4:26 AM by Paying guest in India


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