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My condo has a rule that a new buyer or tenant must be approved. They have 30 days to approve. They recently added (not in writing) that they must also be interviewed by 2 Board members. They don''t want renters although our Declaration allows them. I have a tenant who signed a lease for Dec. 20th. Dec. 20th will be the 30th day. They have yet to schedule this interview. Can my tenant move in without it. Can I do anything about this? They seem to make things up as they go along to irritate people.
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Probate & Trust Attorney serving Sarasota, FL
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Christopher K. Caswell, P.A.
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Florida Statutes may prevent rental restrictions on grandfathered units. If you own a unit and the Board adopts rules restricting leasing, those rules cannot be applied to your unit under Florida Statutes 718.110. If they keep ignoring the law and state regulations, you can file a complaint against the Board with the state, and you can ask the Board to get an opinion from the Board's attorney about the enforceability of any leasing restrictions against your unit. Before doing that, I would request a meeting with the Board President and let them know your concerns and ask what you can do to make these issues get resolved.
Answered on Dec 07th, 2011 at 3:37 PM