[RPPTL LandTen] Cooperative Lease Violations - Right of Eviction?

[David D Eastman]

I am investigating a Fair Housing Act question, involving a reasonable
accommodation of a dog as a service animal.  The Cooperative Board
placed certain reasonable business related restrictions on the animal,
which are now being violated.  The proprietary lease and the rules and
regulations of the cooperative both prohibit dogs as pets.
 
What remedies do I have available on behalf of my client?   I have
looked for cases involving an eviction based upon a breach of the 99
year lease, and have found nothing.  I looked into foreclosure of the
interest in the cooperative, then proceeding as a landlord tenant matter
against the home owner.  Again, nothing.
 
The attorneys who work regularly for cooperatives must have some
standard approach to this problem that works.  Could you please give me
the benefit of the coolective experience of the group.  
 
David D. Eastman, Esq.
Lutz, Bobo, Telfair, Eastman, Gabel & Lee
2155 Delta Boulevard, Suite 210-B
Tallahassee, Florida 32303
(850) 521-0890
(850) 521-0891 Facsimile
 
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Friday, March 26, 2010 10:44 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Condo Tenant Rents for Association Fees



Hopefully, some of you have some input as to a question that has arisen
in the following situation:

 

Commercial Condominium has Unit Owners and any of their Tenants sign an
Addendum which provides that if there are any Association Fees,
Assessments, etc. past due from the Unit Owner, the Association may
collect the rents from the Tenant until the monies have been paid.

 

The question is: if the Association collects the rents, does the
Association now become liable for remittance of sales tax or because it
is a contingent assignment of rents is the Unit Owner still liable even
though they did not receive the rent.

 

Thank you for any assistance to the Committee Members.

 

 

Les H. Stevens, Esquire

Les H. Stevens, P.A.

5301 North Federal Highway

Suite 130

Boca Raton, Florida 33487

Tel. - (561) 989-9797

Fax - (561) 989-8484

E-Mail - lesstevens at earthlink.net

 

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