Legal Question in Landlord & Tenant Law in Florida

I am a Condominium owner and sharing a room in my unit. The HOA has contacted me and told me that it is against the condominium rules and regulations to Sub-Lease a room out of my unit.

I am not leasing the unit, I own the unit. They refer to two sections that I am suppose to be in violation of. 1) No unit shall be used for any purpose than as and for a single-family residence or dwelling." (2) No unit shall be lease or rented by the respective unit owner thereof for transit or hotel purposes...."

I am writing them back to explain that I am the owner and have been for sixteen years and that this is my family's principle place of residence. We do not live anywhere else except for here. We are not operating as a hotel and the unit is not being rented to anyone and we are not renting it from anyone so that their term of sub-leasing is not valid nor the rules that they are quoting.

Is a unit owner allowed to share a room in their unit or will they be able to ammend the documents to not allow me to share a unit in my condominium?


Asked on 8/11/09, 10:56 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If you are allowing a non-family member to live there, then you would be violating the single family residence limitation.

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Answered on 8/11/09, 11:01 pm
Robert Roemer Robert Roemer

If agree this could violate the rules but it has to do with how you have described this situation.

I could assist you in this matter if you will e-mail me your phone number.

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Answered on 8/11/09, 11:51 pm


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