[RPPTL LandTen] condo approval Q

Tue Apr 3 10:45:01 PDT 2012

David,

No only does the statute prohibit such a material change in rights, there is case law specifically addressing this issue in favor of the owner.  I don't have the exact cite, but it's known as the "Woodside" case out of the clearwater area.  I believe it was a Sup. Ct. decision, which states that a purchaser who purchases a condo at a time when rentals are permitted obtains a vested property right and the association cannot thereafter deprive the owner of the right to rent his/her unit, unless the owner consents or votes in favor of the amendment.  I can dig up the exact citation if anyone needs it.
Cary 
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416 
Phone: (561) 281-2744 

________________________________

IRS Circular 230 Notice:   Pursuant to recently enacted  U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law.  If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. 
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

________________________________
 From: David Weisman <David.Weisman at gmlaw.com>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org> 
Sent: Tuesday, April 3, 2012 12:18 PM
Subject: Re: [RPPTL LandTen] condo approval Q

How about the situation where the Owner buys for investment and then the association bars rentals completely.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

From:landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, April 03, 2012 12:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] condo approval Q

I agree with Lainie. Looks like another example of heavy handed actions by the condo commandos.  I feel a waiver has occurred and unless extremely specific language is there to address this exact situation, it would not fly.

Something needs to be done about the illegal discrimination that is occurring every day by these associations and their "approval" processes.

I love this one: Only one rental allowed per year. Tenant moves in,  2 months later skips or gets evicted.  Owner is screwed.

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com 
Email: harry at evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From:landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lainie Simon
Sent: Tuesday, April 03, 2012 11:41 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] condo approval Q

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 o
f 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
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
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 |FloridaRealtors®
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

_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten 
The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you. 
_______________________________________________
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/f89bbbcc/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 7281 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120403/f89bbbcc/attachment-0002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 3508 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20120403/f89bbbcc/attachment-0003.jpg>