Legal Question in Real Estate Law in Florida

IS THIS LEGAL?? I own a property in west palm beach, florida. I am strugled, unemployed and I cannot pay anymore my mortgage neither the home owner association. I have a due balance of $5,800 with the association. I have a lease signed for $1,000 per month. I sent it for their approval, and I put in the contract that the tenant will pay direct to the HOA until pay in full the balance that I am behind. But they did not accept they said that I have to pay in full, and until I do not be current they do not allow me to rent. I need to rent to start paying the HOA and the mortgage, before i go in a foreclosure. WHAT CAN I DO? PLEASE HELP ME
Maria

Asked on 11/01/10, 6:40 pm

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

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The answer to your question is in your by-laws. If the by-laws require property owners to be current on their dues, before the rental will be approved, then you are stuck with the rule. You agreed to be governed by these rules when you purchased your unit. Your question makes a good point for persons considering purchasing a condominium. There are a lot of rules that a buyer should read, consider, and understand before agreeing to be bound by them, and before they buy the unit.

You need to see a foreclosure attorney to protect your rights. You may be forced to let the unit go into foreclosure. While this has an even more detrimental effect on the association, many condo associations have lost the forest for the trees.

Answered on 11/09/10, 6:02 am

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