I own a home in a community that recently changed the rules that a property cannot be rented until owned for 2 yrs. This has been a rental for me for 7 yrs. If I sell it occupied under a valid lease with option to renew, what can the HOA do?
It's driven by what your governing documents say. Some communities have validly enacted restrictions on th enumber or percentage of homes that may be leased or rented and if your proprty no longer qualifies and the percentage is at or near the limit, it may have fallen to the bottom of the list. That's one of several reasons why the Legislature emended the condominium act to say that limits on leases or rentals don't apply unless you vote for them or until you sell. Contact counsel who can advise you
I am only admitted to practice in Florida so my answers in other states are based on 35 years of experience in this field and are not legal advice. This reply does not create the attorney client relationship, which only occurs upon execution of a fee agreement with our firm. Please do not contact us for followup advice on these general observations.
I agree, and it depends on your governing documents, the relative militancy of tour Association(i.e., willingness to expend Association funds to prosecute); the wording of the "option" you chose to include in your lease (and whether it was in fact "approved" by the Association); how much you want to spend on legal fees and costs - and most importantly, how "marketable" the property is to BUYERS looking to rent (and who know they cold have a fight on their hands from day 1).
In any event, if you are thinking of selling get yourself a good real estate lawyer (which you should do anyway). He or she could possibly find a construction of the lease that would permit you to terminate with minimal liability; or perhaps negotiate a deal with the tenant to waive the renewal option, or resolve the issue some other way.
To answer you question, if the Rule is valid, and a Court upheld its application here, you would have bigger problems than worrying about what the Association could due to your TENANT (whom they could evict); as the tenant would very likely sue YOU (for breach of the lease .and constructive eviction): and your buyer would likely sue you TOO - for breach of contract.
Talk to a good local lawyer.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
I agree and will say typically when the rules change lake that the "grandfathering" will end upon sale of the property; meaning after the current lease ends without renewal the tenant may have to go. That would be up to the buyer to determine though if their intention is to buy this as an investment property.
WE WILL NOT AND CANNOT GIVE FURTHER FREE LEGAL ADVICE AND WILL REFER YOU TO LEGAL AID IF YOU CANNOT AFFORD A LAWYER. Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney/this firm until officially retained. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. HK Legal Group, P.A. is a real estate and general practice law firm located in Boca Raton, Florida.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline