[RPPTL LandTen] Removal of Squatter

Mon Jan 6 13:18:02 PST 2014

All of these remedies require owner cooperation.  However, a power of attorney will not work as the HOA can not act as the agent under a POA.  Assuming no BOD or manager wants to act as agent either, W]what are your thoughts on owner assigning his rights to HOA to pursue unlawful detainer in the form of an assignment of rights?

Best regards,

Carlos R. Arias
Clayton & McCulloh
1065 Maitland Center Commons Blvd.
Maitland, Florida 32751
Tel: (407)-875-2655
Fax: (407)-875-3363
Clayton & McCulloh now accepts credit cards.  Please go to www.clayton-mcculloh.com<http://www.clayton-mcculloh.com/> and click on the "Online Payments" tab.
In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose.

From: Steven Wallace [mailto:wallacelaw1 at me.com]
Sent: Monday, January 06, 2014 4:15 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Removal of Squatter

I would assume since it is a "squatter," you would have to file an ejectment action or unlawful detainer action, not an eviction.

Steven E. Wallace, Esq
Florida Bar Board Certified Real Estate Attorney
[cid:image001.jpg at 01CF0AFA.DE8A6FB0]
1375 Gateway Boulevard
Boynton Beach, Florida 33426
Telephone: (561) 767-4413
Facsimile: (561) 767-4414
Email: wallacelaw1 at me.com<mailto:wallacelaw1 at me.com>
Website: www.wallacelawflorida.com<http://www.wallacelawflorida.com/>
Additional Office in Fort Lauderdale

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Monday, January 06, 2014 4:08 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Removal of Squatter

A squatter does not pay rent. There is no landlord/tenant relationship.

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<http://www.evict.com/>
Email: harry at evict.com<mailto: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> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy
Sent: Monday, January 06, 2014 4:06 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Removal of Squatter

If the owner isn't current on the assessments, one way to do it would be pursuant to 720.3085(7).  I realize he is not a tenant, but this is what came to my mind. You could give the squatter notice that he must pay his rent to the association.  If he doesn't pay, then you can give him a 3 day notice and pursue eviction in the name of the HOA as plaintiff.

[gm-horizontal-two-color.jpg]
Dariel J. Abrahamy, Esq.
Shareholder
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: 954-491-1120; F: 954-343-6972
Dariel.Abrahamy at gmlaw.com<mailto:Dariel.Abrahamy at gmlaw.com>

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Carlos R. Arias
Sent: Monday, January 06, 2014 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Removal of Squatter

I have an HOA client who has discovered a squatter living in an abandoned home.  Fortunately, we have been able to contact the long lost owner who is willing to work with the association to remove the squatter, but the owner does not want to be directly involved or incur any expenses.

Can the owner assign the HOA the right to file an Unlawful Entry and Unlawful Detainer action to remove the squatter?  If so, has anyone drafted such an assignment?

Best regards,

Carlos R. Arias
Clayton & McCulloh
1065 Maitland Center Commons Blvd.
Maitland, Florida 32751
Tel: (407)-875-2655
Fax: (407)-875-3363
Clayton & McCulloh now accepts credit cards.  Please go to www.clayton-mcculloh.com<http://www.clayton-mcculloh.com/> and click on the "Online Payments" tab.
In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose.
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