Legal Question in Real Estate Law in Florida
Can the condo ass prevent a unit owners relative and spouse from living in the unit which is not occupied by the unit owner. The unit owner gave the permission to live there. No rent is being charged.
Can they use a credit check as a means to stop the relative and spouse from living there.
TIA
Asked on 6/26/12, 3:23 pm
1 Answer from Attorneys
Jean Winters
Winters & Winters, PA
There are too many possible issues here to give you an answer (without reviewing your condo Declaration). If your condo Dec requires approval of occupants or tenants, then they may be able to deny approval based on a credit check. The Division (DBPR) also has ruled in arbitration that an extended occupant can be regarded as a tenant, for these purposes.
Answered on 6/26/12, 4:29 pm
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