Legal Question in Business Law in Florida
Moratorium on Condo Rentals
My condo management company has informed me that the Board of Directors has voted to place a moratorium on condo rentals until the next board is elected (in 10 months). Are they allowed to do this? Since this is contrary to the Condo Docs, doesn't this infring on my rights as stated within those docs. I am going to have to sell my condo and lose $$$. Please help!
-Mark
2 Answers from Attorneys
Re: Moratorium on Condo Rentals
If they are not authorized to do this in the Condo Docs, I don't know what right they would have considering the economic impact on you and others.
Re: Moratorium on Condo Rentals
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The Board of Directors is not empowered to arbitrarily change the Declaration of Condominium and By-Laws. They are required to follow the procedures as set forth therein. Often times a vote of as many as 2/3's of the unit owners is required to amend the instruments.
You can call the Division of Condominiums in Tallahassee, FL. They have a toll free number which although usually busy, it is accessible to everyone. They will give you basic advice at no charge.
Scott R. Jay, Esq.
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