My association is demanding that I pay an application and background check fee every time I rent my unit. I have reviewed the condo docs, bylaws and rules and have found no such requirement. In fact, it says that as long as I am current on HOA dues, I can rent ( no stated limit).
When I brought this to the condo association members attention, they stated that since they are allowed to create rules, this is something they put in place.
I have yet to see this rule in writing (I've owned this unit since 2005) and want to know if they can lawfully enact such a rule without first putting it to a community vote.
Residential Real Estate Lawyer
You need to make sure there is no amendment to the documents you cited that would give them this power. They should provide you with the amendment. The association cannot simply create a rental restriction by the board voting on a rule. The rules can clarify existing restrictions, but not create new ones.
Also, if the restriction was created after you purchased your property it is not effective against you without your consent. That is in the state statutes -- Fla. Stat. 718.110(13).
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Real Estate Attorney
Sometimes rules might be made at meetings and appear in the minutes. You should review those as well.