Legal Question in Real Estate Law in Florida

Re: Can Condo Assoc change minimum lease term?

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The Association has the right to amend the Declaration and/or Bylaws by an appropriate majority as set forth in said instruments upon proper notice. I would suggest that you review all meetings and see if any measure to amend the documents was considered and, if so, whether or not it was successful.

The documents cannot be changed without following the law and the requirements as set forth. If you truly believe that this has happened, then I would strongly suggest that you retain a qualified attorney to review the matter for you in order to determine your rights and obligations.

Scott R. Jay, Esq.

Re: Can Condo Assoc change minimum lease term?

You should verify that the Association did not amend the governing documents. Is it possible you did not find the complete set of documents - did you check the public records?

You may want to ask the Association, in writing and by certified mail, for access to review and copy the following documents, pursuant to Fl. Stat. 718.111 (12) 2, 3, 4 and 5.

These documents are:

2. A photocopy of the recorded declaration of condominium of each condominium operated by the association and of each amendment to each declaration.

3. A photocopy of the recorded bylaws of the association and of each amendment to the bylaws.

4. A certified copy of the articles of incorporation of the association, or other documents creating the association, and of each amendment thereto.

5. A copy of the current rules of the association.

The Association has 5 days to provide you access to the records. You may copy these records, at a "reasonable" expense.

Rules:

In Florida, the Association can promulgate and enforce reasonable rules (usually regarding the use of the common elements), if the Declaration or By-Laws so permit. The rules may not be contrary to the bylaws or the declaration and they must be reasonable. Each unit owner must be given a copy of the rules when made.

IF the Association has an amendment of which you are unaware, you should check your documents to see what vote and by what process the Declaration and By-Laws can be amended. Amending the Dec must comply with Fl. Stat. 718.110 and amending the By-Laws must comply with Fl. Stat. 718.112 (2)(g).

If you are reading your documents correctly, and there is no other amendment, then the Board may have a problem enforcing a fine.