Legal Question in Real Estate Law in Florida

Failure to disclose

We just signed a one year lease for a rental home. After signing the lease we found out there is a homeowners association. There was no mention whatsoever about a homeowner associations prior to signing. We did not sign any papers acknowledging the existence of the association. They have a part in the lease that says something like the tenant has to comply with the associations rules.... I thought they were suppose to disclose and have you sign a paper that says that you are aware of the association. If we would have known about he existence of the association we would have never rented the home. We had prior experience with the associations and try to avoid them all together. I have two dogs that bark sometimes and we are afraid that we might be written up for that. Also I have a 21 yrs. old son and an 18 yrs. old daughter. Sometimes my son likes to mix his music with his turn tables. The person who monitors the association lives next door. Is the failure to disclose the existence of the association grounds for breaking the lease? If we get notice about the dogs and are asked to leave the premises, do we have to pay the reminder of the lease.


Asked on 11/29/04, 1:13 am

1 Answer from Attorneys
Richard Vaughan Law Offices of Richard Vaughan, Esq.

Re: Failure to disclose

Many communities will have signs posted at their entrance to the effect that they are 'deed restricted' communities, putting you on constructive or actual notice.

If you are in a closely-packed residential area you would likely be subject to city noise ordinances, be they related to barking dogs or loud music, regardless as to the presence of a homeowner's association.

While the failure to disclose the existence of a homeowners's association may give you a colorable cause to break the lease, it is a very weak one. Much depends upon the exact circumstances surrounding your selection of the property, how it was marked and the wording of the lease itself.

In the short run, it may be best to simply pay attention to the noise level coming out of your house and see if you and your leaseholder can come to a mutual understanding if you want to leave early.

Read more
Answered on 11/29/04, 8:33 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida