Condominium & Homeowner Associations Restricti
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Last updated: Saturday, November 24, 2007

 

Renters have the same rights as unit owners do, even while living in their community.

So many times Board of Directors deny and restrict renter rights of using the Clubhouse for special events. Or use stricter rules & regulations for renters, as opposed to the owners, by limiting the use and time of weight room and amenities.

If their were a known survey, we’re sure it would show ownership has a higher sense of ownership pride as would a renter. Members will say, “Renters’ do not have the same respect as a unit owner and after pool or clubhouse use, too often they refuse to clean after themselves”.

Although many Boards are in favor of amenity use restrictions for renters, the Florida Statute 718.106 adversely states, “When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant.”

The law also allows for association right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners.

If dual usage becomes a problem in a community, then the Board can prohibit use by adding to the Rules & Regulations. Since the Florida Statute clearly states the ability for the Directors to eliminate dual usage, adding to the association Rules & Regulations would be considered a reasonable rule.

How to prohibit dual use of common elements without a membership vote?

  • Post an agenda with the date, time and place of a Board of Directors Meeting.
  • Make sure the agenda item states, “Vote to prohibit dual usage.”
  • Vote to approve or disapprove dual usage.
  • If approved by the Board, add the language to the governing Rule & Regulations.
  • Send all record owners a copy of the new Rules & Regulations.
  • An Affidavit of mailing is recommended.

For more information or supporting documents, see Florida Statute 718.106 below:
718.106 Condominium parcels; appurtenances; possession and enjoyment.–
(1)  A condominium parcel created by the declaration is a separate parcel of real property, even though the condominium is created on a leasehold.
(2)  There shall pass with a unit, as appurtenances thereto:
(a)  An undivided share in the common elements and common surplus.
(b)  The exclusive right to use such portion of the common elements as may be provided by the declaration, including the right to transfer such right to other units or unit owners to the extent authorized by the declaration as originally recorded, or amendments to the declaration adopted pursuant to the provisions contained therein. Amendments to declarations of condominium providing for the transfer of use rights with respect to limited common elements are not amendments that materially modify unit appurtenances as described in s. 718.110(4). However, in order to be effective, the transfer of use rights with respect to limited common elements must be effectuated in conformity with the procedures set forth in the declaration as originally recorded or as amended under the procedures provided therein. This section is intended to clarify existing law and applies to associations existing on the effective date of this act.
(c)  An exclusive easement for the use of the airspace occupied by the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. An easement in airspace which is vacated shall be terminated automatically.
(d)  Membership in the association designated in the declaration, with the full voting rights appertaining thereto.
(e)  Other appurtenances as may be provided in the declaration.
(3)  A unit owner is entitled to the exclusive possession of his or her unit, subject to the provisions of s. 718.111(5). He or she is entitled to use the common elements in accordance with the purposes for which they are intended, but no use may hinder or encroach upon the lawful rights of other unit owners.
(4)  When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant. Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord pursuant to chapter 83. The association shall have the right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners.
(5)  A local government may not adopt an ordinance or regulation that prohibits condominium unit owners or their guests, licensees, or invitees from pedestrian access to a public beach contiguous to a condominium property, except where necessary to protect public health, safety, or natural resources. This subsection does not prohibit a governmental entity from enacting regulations governing activities taking place on the beach.

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