QUESTION

Does The HOA Board have the ability to decline and owner use of a common element? The condo owners dues are paid and the condo is a second home.

Asked on Oct 19th, 2011 on Real Estate - Florida
More details to this question:
My family and I use our condo is a second home. It is not rented. I wanted to use the Clubhouse for a family dinner..a reception of family and friends for my cousins weding. I spoke with the board to confirm the date was available about 4 months prior to the date. About 6 weeks prior to the date we wanted to map out the room for seating. It was relayed to me that i could not rent it because i do not live on the property. What does that matter? This phone discusion began and I thought he debate was whether or not I had a renter. Well, the first line on the rental agreement is the renter myst be an owner living on the property. I relayed to the Management Company that is against CCrs and Florida Statutes. The CCRs state that the Clubhouse is a common element and Florida Statutes for Common Elelments are being conflicted too. I am feeling discrimminated against and this is cousing me great distress. The HOA nor the Managment Co is returning my emails or my phone calls.
Report Abuse

1 ANSWER

If the clubhouse is a common element, the association cannot discriminate against your use as an owner.  I am not sure they can even discriminate against use by a renter, although I would need to research that.  There are statutory procedures to require the association board to obtain an opinion from counsel, which, because it is expensive, usually is sufficient to call their bluff.
Answered on Oct 19th, 2011 at 3:04 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters