Legal Question in Real Estate Law in Florida
Renter Landlord HOA Problem
The landlord is not paying the HOA and the HOA is not allowing us to park on the premisis because of this. The landlord has ignored our two certified letters. What do I do? I can't live here without parking.
3 Answers from Attorneys
Re: Renter Landlord HOA Problem
In addition to actions against the landlord, you would also have an action against the HOA, as they would not have the authority to withhold parking for non payment. There are several issues that may arise with the Declaration of Covenants and Restrictions. Florida Statute 720, as well as your Declaration allow for the prevailing party to be reimbursed for their attorneys fees and costs. Feel free to give me a call should you have any additional questions.
Re: Renter Landlord HOA Problem
You may be able to move out on the grounds of "constructive eviction" (which means your landlord has allowed a condition which makes it impossible for you to remain), but you should speak to a lawyer before you do anything.
Re: Renter Landlord HOA Problem
In addition, your lease may provide for other remedies.