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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

  1. Best answer

    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 : : 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.

  2. 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.

  3. 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.

  4. 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.

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