Legal Question in Real Estate Law in Florida

Lease restrictions?

I am a home owner of a condo. I

moved out after I got married, and

want to rent it out.

But our condo association has a

policy ''Only 10% of the units at our

association can be rented at any

given time. You must check to see if

there is an opening to rent.''

I checked the renting situation and

the waiting list, it's hopeless to wait

for my turn. There has not been any

restricted length for renting, some

units have been renting out for

many many years. I don't think it's

fair. I search for legal advice from

you.

Thank you for your time,

Peter


Asked on 9/23/07, 9:35 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Lease restrictions?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If there are restrictions, then you must follow them. The only way to change this is to go before the Board and ask them to amend the Declaration and/or By-Laws where renting is limited to only 10% of the units. If the Board will not consider, then you need to speak with other unit owners and get the required number (as set forth in the documents) to propose the amendment. If you cannot do this, your only resolution is to sell the unit or to continue to keep it empty until you can legally rent it.

Scott R. Jay, Esq.

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Answered on 9/23/07, 11:09 pm


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