[RPPTL LandTen] Foreclosures

Mon Jan 26 08:35:24 PST 2015

What is the deal now that they did not renew the Protection Act?

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
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FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> 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 Cary Sabol
Sent: Monday, January 26, 2015 10:54 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal

I have also had many clients with similar problems.  Harry it right, associations are totally out of control, it's an epidemic.  They misuse their power for personal vendettas and just to discriminate against landlords, despite the fact that the community allows for rentals.

To answer the question, unfortunately, if the documents allow for it, then I don't believe the owner has any right to fight it.  Common sense would say that they need to provide a reason, but unfortunately, common sense does not seems to prevail when dealing with associations.

Cary 

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416 

Phone: (561) 281-2744 

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From: Harry Heist <harry at evict.com>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
Sent: Monday, January 26, 2015 10:30 AM
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal

Associations are out of control and they do this to discriminate against protected classes.

Something needs to be done to stop this.

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/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Friday, January 23, 2015 4:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] HOA authority to deny lease renewal

Hello members.  I received a call today from a residential landlord who received notice from his HOA’s property manager  that the HOA would not give approval of a lease renewal citing, albeit vaguely, some “issues” with the tenant.  There are no specifics.  The HOA docs do not address the grounds for refusal to approve a lease or provide any measure to determine whether an HOA can arbitrarily choose not to approve a lease.  It seems that the owner has a right—to lease—but that this right, which includes a financial interest, can be terminated by the HOA.      

Can anyone opine on whether an owner has any rights to question the HOA’s decision?  Can an HOA arbitrarily decide not to allow an owner to lease their property or must there be specific, objective reasons?  Thank you.    

Regards, 

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

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