Legal Question in Real Estate Law in Florida

Home Owners Association Rentals

Does a Florida HOA need to have a broker/real estate person to handle rentals when the rental monies are split 80/20 with the HOA and the owner of the property?


Asked on 7/26/07, 12:29 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Home Owners Association Rentals

sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. While some cases are easy (pistols and illicit drugs in plain sight, gunshots, a suspect running from a liquor store with a clerk screaming "help"), actions "typical" of drug dealers, burglars, prostitutes, thieves, or people with guilt "written across their faces," are more difficult to categorize. "Probable cause" is often subjective, but if the police officer's belief or even hunch was correct, finding stolen goods, the hidden weapon or drugs may be claimed as self-fulfilling proof of probable cause. Technically, probable cause has to exist prior to arrest, search or seizure.

Yes, only a licensed real estate broker or salesman is entitled to receive a commission from the sale or rental of real property. A Homeowners Association has no entitlement or right to get any commission unless they have a licensed broker on staff.

Scott R. Jay, Esq.

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Answered on 7/27/07, 12:51 am


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