[RPPTL LandTen] condo approval Q

Tue Apr 3 08:40:48 PDT 2012

Unless the kid did something that violates the rules, I don't think 
there is a judge in Florida that would permit an eviction under this 
scenario.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL  33431
561.997.1773
561.445.1361 (cell)
561.997.8448 (fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On 4/3/12 11:25 AM, Eric Jacobs, Esq. wrote:
>
> Interesting case.  Personally, I lien slightly toward the association 
> on this one but I think that a coherent argument could be made that 
> the Association waived it for the term (assuming the minor was 
> disclosed) since they would have known of his occupancy and the term 
> of the tenancy.  There is a perfectly coherent response to be expected 
> from the Association but I think in the end, its largely a toss up.  I 
> would focus my emphasis on what possible basis the association could 
> have for denying an 18 year old?  Secondarily, I would look very 
> closely at the precise wording of the condo documents because they are 
> often misinterpreted by Associations.
>
> Just sharing a thought let me know if I can help
>
> ------------------------------------------------------------------------
>
> Eric A. Jacobs
>
> eric at bpjolaw.com <mailto:eric at bpjolaw.com>
>
> Attorney at Law
>
> Board Certified
>
> AV Rated
>
> BELOFF | PARKER | JACOBS | OFFIR
>
> An AV Rated Law Firm
>
> 1930 Harrison Street, Suite 208, Hollywood, Florida 33020
>
> (954) 929-0679 Telephone
>
> (888) 632-4944 Facsimile
>
> Check us out on:
>
> Facebook: http://www.facebook.com/BPJOlaw
>
> Linkedin: http://www.linkedin.com/company/beloff-parker-jacobs-&-offir 
> <http://www.linkedin.com/company/beloff-parker-jacobs-&-offir>
>
> RSS Feed: http://www.bpjolaw.com/feed
>
> Confidentiality and Relationship Disclosure.  If you are reading this, 
> congratulations, you are probably one of the first.  For years law 
> firms have included lengthy disclosures at the bottom of their emails 
> which are in our view are of, at best, marginal legal value.  We have 
> decided not to do that.  Instead, we will ask that if you got this 
> email and shouldn't have, let us know and please don't read it (though 
> if you've read this, chances are that ship has sailed).  Also, just 
> because we exchange emails doesn't make us your lawyer(s).  If you 
> would like to create an attorney/client relationship, we're glad to 
> hear it and would be happy to provide you with an engagement letter.  
> As soon as you have received written confirmation from us, you can 
> consider our relationship formed.
>
> Our firm and family support the wonderful work of
>
> Mount Sinai Medical Center
>
> David Posnack Jewish Day School
>
> As us how you can help support these fine institutions
>
> ------------------------------------------------------------------------
> *From:* landten-bounces at lists.flabarrpptl.org 
> [landten-bounces at lists.flabarrpptl.org] on behalf of Greg Hass 
> [GregH at floridarealtors.org]
> *Sent:* Tuesday, April 03, 2012 11:06 AM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* [RPPTL LandTen] condo approval Q
>
> Does anyone have any experience with this set of facts:
>
> -Landlord has a one year lease with Tenant
>
> -Tenant has a 17 year old son listed on the lease when lease is signed.
>
> -Six months into the lease, the son turns 18.
>
> -Condo association says they must approve all adults.
>
> -The son, after he turns 18, fills out application for approval and is 
> denied.
>
> -Condo association tells Landlord that they must get rid of the now 18 
> year old son because he lacks their approval.
>
> How would Landlord go about this?  I'm guessing an 83.56 (2)(b) notice 
> could be given for having a (now) unauthorized person living there?  
> Do you think a judge would grant eviction in this scenario if the 
> mother tells the Landlord to get lost?
>
> Thanks,
>
> Greg
>
> *Greg Hass*, Senior Counsel
>
> Office of Law & Policy |***Florida**Realtors®
> *7025 Augusta National Drive, Orlando, FL 32822
> *talk:*407.438.1400, ext. 2421
> *visit:*_http://www.floridarealtors.org_
>
> __
>
> The Voice for Real Estate® in Florida__
>
> _
> _cid:image001.jpg at 01C8B0EE.0B556530
>
>
>
> _______________________________________________
> landten mailing list
> landten at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120403/b6627cbc/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/jpeg
Size: 3508 bytes
Desc: not available
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120403/b6627cbc/attachment-0001.jpe>