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CIRCUMVENTING RENTAL RESTRICTIONS?
By
Jan Bergemann
Published
April 22, 2016
I guess we all have seen it: Neighbors trying
to circumvent rules and regulations!
Many people just think that cheating is part
of the daily game – and is acceptable. But it’s not – and can
cost a lot of money – if you’re being caught and sued.
If it comes to rental rights, we see some
very inventive owners, coming up with all kinds of excuses.
Let’s face it: Don’t buy property in a
community where rental restrictions are in place if you want to
rent out your property.
If you buy a unit in a condominium where no
rental restrictions are in place, the FS 718.110(13) will
protect your rights against amendments enacted by the membership
of the association.
FS 718.110(13)
An amendment prohibiting unit owners from renting their units or
altering the duration of the rental term or specifying or
limiting the number of times unit owners are entitled to rent
their units during a specified period applies only to unit
owners who consent to the amendment and unit owners who acquire
title to their units after the effective date of that amendment.
Eric described in his blog from Monday some
of the excuses used by owners to explain why non-family members
occupy their units. There are a lot more excuses being used, but
in the end these excuses all fall in the same category: Lies
that may get the owners into really hot water!
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Jan Bergemann is president of Cyber Citizens For Justice,
Florida
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
community
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associations. He moved to
Florida
in 1995 - hoping to retire. He moved into a HOA, where the
developer cheated the homeowners and used the association dues
for his own purposes. End of retirement!
CCFJ was born in the year 2000, when some owners met in
Tallahassee
- finding out that power is only in numbers. Bergemann was a
member of Governor Jeb Bush's HOA Task force in 2003/2004.
The organization has two websites to inform interested
Florida
homeowners and condo owners:
News Website: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
We think that only owners can really represent owners, since all
service providers surely have a different interest! We are
trying to create owner-friendly laws, but the best laws are
useless without enforcement. And enforcement is totally lacking
in
Florida
!
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