Skip to main content

If the owner gifted me 50% ownership of his condo can the assoc. prevent me from living there?

Hollywood, FL |

They are now harrasing me over parking. calling the towing company. Refusing me access to the laundry facilities and the dues are paid.

Attorney Answers 4

Posted

It depends. What do the condo docs say? An association has the right to require an application for each person that buys/rents in their association. Have you done that? if you haven't, then you are there without permission. Also, if the condo was "gifted" - by what means? If there was no exchange for value, the gift can be challenged. Typically, if the condo rules and regulations are followed, there isn't any need for "harassment" by the board.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

Mark as helpful

1 found this helpful

6 lawyers agree

7 comments

Asker

Posted

There is nothing in the bi-laws which adresses a co-owner. Since I'm not on the mortgage and just on the deed, there is no reason I have ro be approved. I have lived here for two and a half year. If the condo association didn't approve me living here, then why did they allow me to stay this long?

Asker

Posted

Plus if I was to requeat an application to live here, they would deny it because they are upset with the owner who use to be the President of the association. They took him to court claiming he was embezzeling money. They lost the case. So thwy are not going to approve anyone just to spite him. Th

Carol Anne Johnson

Carol Anne Johnson

Posted

I see. It sounds as if you are the collateral damage from the spat between the HOA and the past-president. If you are not in violation of any of the condo rules and are still being harassed, then you need to hire an HOA attorney to protect your right to own the condo and get an injunction against the HOA to prevent them from unreasonably restricting your use of the common areas and parking.

Asker

Posted

I think you hit the nail on the head. I spoke to an attorney today and he is taking my case. I have a police report were the members of the board admitted to entering the unit without just csuse. I guess I should have pressed charges when I had the chance. There is a lot more to this case and my attorney is confident he can win this with a letter to the condo association. Im offering to pay the balance of the condo association dues if they will agrer to allow me to live here in peace as an owner.

Carol Anne Johnson

Carol Anne Johnson

Posted

Good luck to you!

Asker

Posted

Thanks!!! I found my attorney from this website. :-)

Carol Anne Johnson

Carol Anne Johnson

Posted

Excellent - hope all works out for you!

Posted

Ms. Johnson provided a complete answer. You need to review the HOA agreement to determine rights to transfer and rights of a tranferee.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

Mark as helpful

4 lawyers agree

Posted

The Condo police are on your case.
Show them your ownership deed and demand by letter
they inform you of the basis for the actions they are taking against you.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Mark as helpful

4 lawyers agree

Posted

I agree with my colleagues. There are procedures to be followed. Check with the board regarding the requirements. If you have complied and they continue to harass you then you have an argument.

Mark as helpful

1 lawyer agrees

1 comment

Asker

Posted

I retained a lawyer. He read the bi-laws. Since half was gifted to me for a dollar, the condo association has 30 days to approve me or disapprove me as an owner. If they refuse, then they have 30 days to find a buyer at fair market value. If they don't find a buyer, then I am 50% co-owner. We are being nice right now, but after thhe time

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics