Ask Me Help Desk - Tenant application denied in floirda

Quote:

Originally Posted by helpisneeded

I cannot believe that an attorney in the state of Florida has not had this problem and filed a lawsuit.

I would be shocked if I do not find any case law.

What you don't seem to understand is that American culture was founded on the premise that fewer laws are better. Also that you signed a contract and unless that contract violates your rights, it stands. Finally, HOAs are notorious for this type of dictatorial behavior and they get away with it. Part of the reason for this is suing them is counter to your interests since it costs the HOA money which means they have to charge higher maintenance fees which cost you money.

So I would be very much surprised if you do find case law on this.

Quote:

Originally Posted by JudyKayTee

I don't understand why anyone is suing anyone at this point - which is the only reason you need case law.

I'd write the condo board a letter DEMANDING to know why the tenant was rejected. State that this is NOT covered in the by-laws, therefore, the by-laws which THEY wrote undoubtedly to favor them and you DEMAND to know why your prospective tenant was not acceptable. Give a time frame ("If I do not hear from you within x number of days ...") and send it registered, return receipt.

It would appear - if what you say is 100% correct - that the contract is silent on this issue and thus open to YOUR interpretation - which is "tell me why".

I see nothing in Florida law that addresses this either way. Let the condo board find it and give it to you and you can post it - if they can. Why do the work? Let them do it for your benefit.

In the state of Florida a condo association has 30 days to respond to questions submitted by a unit owner which I sent registered receipt requested. Those questions you mentioned were asked. They are on the clock.

Quote:

Originally Posted by ScottGem

What you don't seem to understand is that American culture was founded on the premise that fewer laws are better. Also that you signed a contract and unless that contract violates your rights, it stands. Finally, HOAs are notorious for this type of dictatorial behavior and they get away with it. Part of the reason for this is suing them is counter to your interests since it costs the HOA money which means they have to charge higher maintenance fees which cost you money.

So I would be very much surprised if you do find case law on this.

Scott, I understand a lot more than you think. The reason people do not file a lawsuit against a HOA they live in is because they cannot afford it. We have 500 units in my place so I would only be responsible for 1/500 of the bill. The board then has to explain to 494 other unit owners why the maintenance went up.

Quote:

Originally Posted by helpisneeded

Scott, I understand a lot more than you think. The reason people do not file a lawsuit against a HOA they live in is because they cannot afford it. We have 500 units in my place so I would only be responsible for 1/500 of the bill. The board then has to explain to 494 other unit owners why the maintenance went up.

I wouldn't believe this until I read the agreement - if 494 other unit owners are surcharged for YOUR legal difficulties, what makes you think they'll be angry with the HOA and not with you?

Doesn't the HOA have an Attorney on retainer? Or living there?

Quote:

Originally Posted by helpisneeded

In the state of Florida a condo association has 30 days to respond to questions submitted by a unit owner which I sent registered receipt requested. Those questions you mentioned were asked. They are on the clock.

I find all sort of sites discussing HOA in Florida but I do not find this particular "law" - I find it in other situations but not in a situation where someone is denied and the info is refused the owner.

Would you please give your source so I don't continue to give incorrect info?

Quote:

Originally Posted by JudyKayTee

I find all sort of sites discussing HOA in Florida but I do not find this particular "law" - I find it in other situations but not in a situation where someone is denied and the info is refused the owner.

Would you please give your source so I don't continue to give incorrect info?

What source would you like me to give you?

Quote:

Originally Posted by JudyKayTee

I wouldn't believe this until I read the agreement - if 494 other unit owners are surcharged for YOUR legal difficulties, what makes you think they'll be angry with the HOA and not with you?

Doesn't the HOA have an Attorney on retainer? Or living there?

A letter will be put at everyone's door explaining what the board refused to do after this is over. The HOA does have an attorney.

Quote:

Originally Posted by helpisneeded

What source would you like me to give you?

You were looking for case law - I would like to see the case law or a Florida law that gives this time frame in your situation. I cannot find it.

Quote:

Originally Posted by helpisneeded

A letter will be put at everyones door explaining what the board refused to do after this is over. The HOA does have an attorney.

Well, quite frankly that should get you sued unless you stick absolutely to the facts - and at this point I'm not sure you know what the facts are.

Are you looking for a new person to take over or continuing to push for the original person?

Quote:

Originally Posted by helpisneeded

In the state of Florida a condo association has 30 days to respond to questions submitted by a unit owner which I sent registered receipt requested.

Can you cite that law or is it in the by-laws?

And, who do you think other 499 are going to be angry with, the board or you? Even given the law exists. It just means they have to respond, it doesn't say how they have to respond. So ti could be like this:

Q: Why did you reject my tenant application
A: The by-laws do not require that we explain the reasons for rejection.

This complies with the law that they have to respond but doesn't help you at all.

See my post #24 - and this is also in the category of "who cares" where other tenants are concerned (I'll bet).

People have enough problems of their own - they don't need to be dragged into this situation.

Quote:

Originally Posted by JudyKayTee

You were looking for case law - I would like to see the case law or a Florida law that gives this time frame in your situation. I cannot find it.

Florida Statutes 718. You will find condominium law.

Quote:

Originally Posted by JudyKayTee

Well, quite frankly that should get you sued unless you stick absolutely to the facts - and at this point I'm not sure you know what the facts are.

Are you looking for a new person to take over or continuing to push for the original person?

I always stick to the facts. Have to find a new tenant. He needed to find a place to live.

Quote:

Originally Posted by ScottGem

Can you cite that law or is it in the by-laws?

And, who do you think other 499 are going to be angry with, the board or you? Even given the law exists. it just means they have to respond, it doesn't say how they have to respond. So ti could be like this:

Q: Why did you reject my tenant application
A: The by-laws do not require that we explain the reasons for rejection.

This complies with the law that they have to respond but doesn't help you at all.

I expect that type of answer. Now we go back to the original reason why I started this post. Case law and Florida law on this topic. If none exists I would go forward.

Quote:

Originally Posted by helpisneeded

Florida Statutes 718. You will find condominium law.

I read it - I cannot find the part of it that you referenced. Please point me in the right direction.

You should have read it more carefully. I thought I found some help for you in 718.111 12(a)6 along with 15(b) & (c). 12(a)6 requires the board to maintain the minutes of any meetings and 15(b) & (c) requires that any unit holder can request access to the minutes it be made available within 5 biz days. However, Section 15 goes on to exclude; "Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a unit. "

So that appears to blow you out of the water by giving the Board the right not discuss any info involved in approving the lease.

Quote:

Originally Posted by ScottGem

You should have read it more carefully. I thought I found some help for you in 718.111 12(a)6 along with 15(b) & (c). 12(a)6 requires the board to maintain the minutes of any meetings and 15(b) & (c) requires that any unit holder can request access to the minutes it be made available within 5 biz days. However, Section 15 goes on to exclude; "Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a unit. "

So that appears to blow you out of the water by giving the Board the right not discuss any info involved in approving the lease.

They cannot give out information on someone who is APPROVED. It does not say anywhere they cannot give me the information if someone is denied.

Valid point. Which means the law doesn't address the issue.

Quote:

Originally Posted by JudyKayTee

I read it - I cannot find the part of it that you referenced. Please point me in the right direction.

2. When a unit owner files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days of receipt of the inquiry. The board's response shall either give a substantive response to the inquirer, notify the inquirer that a legal opinion has been requested, or notify the inquirer that advice has been requested from the division. If the board requests advice from the division, the board shall, within 10 days of its receipt of the advice, provide in writing a substantive response to the inquirer. If a legal opinion is requested, the board shall, within 60 days after the receipt of the inquiry, provide in writing a substantive response to the inquiry. The failure to provide a substantive response to the inquiry as provided herein precludes the board from recovering attorney's fees and costs in any subsequent litigation, administrative proceeding, or arbitration arising out of the inquiry. The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any given 30-day period. In such a case, any additional inquiry or inquiries must be responded to in the subsequent 30-day period, or periods, as applicable.

2.? Cmon, did you see how I listed the cites? That's how you list a cite so someone can find it. There are dozens of paragraph 2s in section 718!!