[RPPTL LandTen] Removal of Squatter

Mon Jan 6 13:21:39 PST 2014

In my opinion, the HOA should go after the owner since that is who has an
obligation to the HOA.  Is the power on?  Is the water on?  Perhaps this is
a nuisance and public safety issue.  If the house is abandoned, perhaps a
call to code enforcement might bring out an inspector who would see the
squatter inside, issue a nuisance citation to the owner, and/or notify local
law enforcement. As for the assignment issue, my thought is that the HOA
might be able to obtain a limited power of attorney from the homeowner, to
bring any action necessary to protect the property, etc.  In this case, an
action for unlawful entry and unlawful detainer.        

Regards, 

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

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From: 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"
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Email: harry at evict.com

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From: 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

From: 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

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