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Roger
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Florida Statute 718.110 (13) states: 718.110 Amendment

Customer Question

Florida Statute 718.110 (13) states:

718.110 Amendment of declaration; correction of error or omission in declaration by circuit court.—

(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.

We purchased our condo in 1999, and the condo board changed the bylaws in 2009 to limit rentals to a minimum of 1 year.. No one was noticed that the board would be considering a change in the documents, and no one was given a choice to vote on the amendment.

To rent out my unit, I and the renter were forced to sign an agreement to abide by the Rules and Regulations of the Condo (2008) which included 1 year minimum lease, which they required before the renter would be admitted.

Can I be forced to waive my statutory rights to obey the condo documents?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX X'X a Real Estate litigation attorney. Thanks for your question.

It sounds like the entire issue boils down to whether the condo association's enactment of his amendment was properly done or not. In order to determine that, you would have to go back to the board minutes and voting records to see if this was done. IF so, then signing the 2008 document may be your waiver and agreement to follow this rule.

However, if there was not a proper vote to create an amendment to cover renting units, etc., then you certainly have a strong position.

IF you haven't already, you should issue a subpoena duces tecum to the HOA board for all minutes or voting records for the passage of this amendment to prove that it was properly done. This documentation should be the evidence needed to determine the issue. Once you have this, you could file a motion for summary judgment IF the proper procedure was not followed.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26011
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 10 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


When I requested Discovery, the primary purpose was to confirm that owners had not even been informed that the change in the bylaws was coming before the board, let alone any formalities - like letting the members vote on it.

 

I'm sure the board neither knew, nor cared about the Florida Statute.

 

Discovery confirmed that they did not notice the issues coming before the board meeting, nor did they take a vote. Their position, I'm sure, will be that the bylaws allow them to make amendments with 100% vote of the board (which it does), although they did not offer this in their Answer or in their Affirmative Defense.

 

My position is that they may be right about the 100% board vote in almost all cases. But the history of 718.110 (13): the language AND the intent of lawmakers (they re-wrote that section to clear emphasize that one exception) is clear. Joe XXXX (XXXXX@XXXXXX.XXX, writes (In three columns) that "the amendment cannot be enforced against those current owners who do not vote in favor of it." [my emphasis].

 

Thanks for the advice. I'm going for Summary Judgment - I see no facts to be decided by a jury. If you know of an attorney in the SE Florida area to help me bring this home, please let me know.

 

John XXXX

 

 

Expert:  Roger replied 1 year ago.
Bear with me just a moment.
Expert:  Roger replied 1 year ago.
I agree with your assessment of the situation and think that you have a solid legal position.

As for finding an attorney, I would recommend that you visit www.martindale.com and search for a real estate attorney specializing in condo/HOA matters in your area. When you go to the site, click on "Find a Lawyer or Law Firm" and search from there.

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