Legal Question in Landlord & Tenant Law in Florida
I am on the BoD of the RV Park I live in, in Florida. In our Rules for Tenants and Guests (transient RVers) it says we charge an additional $3.00 per person per night for additional non-family guests. Our tenants include 99-year lease holders, shareholders, and annual/seasonal renters. I have several questions. Is it legal for us to charge the $3.00 fee to lease holders? How do we determine there IS a guest (it has always been an honor system)? How should we implement the charges? Should we just post the charges to the tenant's folio and bill them monthly? Should we add the fee to their annual maintenance charges and bill them yearly? How can we enforce payment? Is it even legal for us to do any of this? And finally, how should we go about letting them know this rule is going to be enforced, if it in fact CAN be, as of 1/1/18? The BoD has been discussing this for more than a year now and we can't seem to make any headway.
2 Answers from Attorneys
You have a lot of viable questions, but without seeing any of the relevant documents, such as copies of the leases, answers cannot be given. Also, because of the volume of questions and all the implications included and relevant to the questions, you really need to see an attorney to get the help you need. You and the board could be opening yourselves to lawsuits. I suggest seeing an attorney as soon as possible.
You are asking questions that can not be answered on this forum. You need to take your documentation to an attorney to review what you have in place that allows the charges and the documents that state what the rules of the RV park are.
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