[RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

Fri Aug 29 17:03:22 PDT 2014

Cary:
I had a few cases like that where I represented the tenant who rented a condo from an owner and it really put the owner between a rock and a hard spot.  I would like to see someone with more brains and ability than I bring a civil RICO suit against a Condo Assn. and win.

Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL  32771
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, August 29, 2014 5:53 PM
To: 'Cary Sabol'; 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

We deal with it every single day with alleged tenant violations that are so weak we can’t evict but the association Nazis are demanding an eviction and fining the owners.

The way we deal with it is to tell the landlord to get another attorney as we will not touch these cases. Sometimes the association will use their attorney and evict with it costing the unit owner many thousands of dollars.

Move into an association run place and lose your rights.

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>
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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 Cary Sabol
Sent: Friday, August 29, 2014 5:12 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

Harry, you are right that associations think they are above the law.  You have no idea how many absurd arguments and cases that I've had with them.  Law and logic are often ignored.  So the question is, how does a good attorney go about advising a landlord client who is stuck in the middle?

For example:  The association demands the landlord either evict or force a tenant to remove an animal that is being claimed as a service animal.  If the landlord does not comply, he/she/it will face fines, liens, and ultimately foreclosure against the unit or property.  The landlord seems to be in a no win situation.

Is the landlord indemnified by the association because he/she/it simply complied with their demands?  (Doubt it)

Is a Judge going to actually order the eviction under these circumstances? (Doubt it)

What if the landlord filed eviction and it was denied, can the association still pursue action against the landlord for failure to comply or would the court order supersede the association's authority? (In my experience many associations would)

Any thoughts from the group?

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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On Friday, August 29, 2014 4:42 PM, Harry Heist <harry at evict.com<mailto:harry at evict.com>> wrote:

The condo and homeowners associations are doing this all day long.  Apartment communities know better. Associations feel they are above the law or don’t care what the law even is.

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:  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 Leonard Cabral
Sent: Friday, August 29, 2014 3:26 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] AJIT BHOGAITA V ALTAMONTE SPRINGS CONDO ASSN

WAS UPHELD BY THE 5TH DCA  GOOD OPINION FOR THE DISABLED BAD DECISION FOR APARTMENT COMPLEXES.  It seems the plaintiff was awarded $123k ± before the appeal but I would like to know how much the condo assn spent in attorney fees in total.

Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com<mailto:Leonardcabral at lenslaw.com>
212 N. Park Ave. Ste. 14
Sanford, FL  32771

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