1. What Rules and Regulations are Enforceable? - Florida Condo & HOA Law Blog If the Association does have tenant approval power, whatever the reason for rejecting the tenant, the Association must be prepared to explain. A note to the reader: This article is intended to provide general information and is not intended to be a substitute for competent legal advice. Note: Be wary of using credit history as a ground for disapproval. The fee may not be more than $100 per applicant and a husband/wife or parent/dependent child are considered one applicant. Documents provided to NPR show the board approved seeking a $15 million line of credit on April 13, 2021. 2507 (2015). Please do not send any confidential information to us until such time as an attorney-client relationship has been established. 2d 452 (Fla. 2002). 5 See Mem. In particular, the rental prohibition or regulation will not apply to an heir who acquires the title as a result of the prior owners death or where title is transferred from the prior owner to an entity affiliated with a prior owner. An arbitrary disapproval of a tenant or purchaser is likely to be unenforceable. Visit www.gadclaw.com or ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. Therefore, to ascertain what approval rights the association may have regarding a prospective tenant or purchaser, the association should begin by reviewing its own governing documents. On June 16, 2021, Governor DeSantis signed Florida SB 630, which will become effective on July 1, 2021. Be Proactive. Florida laws guarantee these rights to associations, but The Fair Housing Act still applies in regard to race, religion, age, etc. Providing access to settlement parameters would severely hinder the Associations negotiating position and attorney client privilege is sacred and should not be waived during the pendency of litigation absent a clear intention to do so. Surfside That did not retroactively protect the investor group in the Jahren case, but protects owners now. NOTE: Our Client Portal is Currently Undergoing Maintenance. Condominium associations may extinguish a discriminatory restriction in the manner provided under Section 712.065, F.S., (i.e., a majority vote of the Board of Directors). The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, or any of our attorneys.

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