Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.
I am sorry to learn of this matter. What you have described is improper and almost certainly is a "wrongful eviction."
The first place to start with any eviction matter, is notice. Has your landlord given notice (I know the answer is no, but I must ask), and did the HOA give you written notice to quit?
But I havent even gotten anything from anybody and my landloard it not aware of the matter and we are on very good terms
this is all the management company and board members of the comunity
I understand, without any formal notice (either a 3 day or 30 day notice to quit) a landlord (let alone an HOA) cannot even begin an eviction process.
I spoke with my landlords husband who is here in town and he is trying to contact her
they are basically just denying me gate access
Your landlord is the proper person to deal with the issue. She will be able to address the HOA's blocking of her tenant's gate access, and denial of her rights as a homeowner in the HOA. She is defending your right as her tenant to quiet enjoyment.
they wont let me into the community and are saying I have to park outside and walk because they cant stop me if I walk in
You are paying for parking space within the community as part of your rent though as well, correct?
(Quite simply - the HOA is wrong, and the actions they are taking will subject them to compensatory and declaratory relief for "arbitrary and capricious" enforcement of the CC&Rs)
So just to clarify the management company and board of directors do not have Authority regarding denying me access or evicting me?
No i dont pay for parking. I have my own driveway
They said the lease is being violated because they dont allow people with criminal record in to that community
No, they have no such direct authority. When I represent an HOA and there is a "problem tenant" - someone violating the HOA's CC&Rs as a tenant, we are required to pursue the homeowner/landlord. Check the terms of your lease to confirm.
You do pay for parking space, the driveway is part of your leased premises
My my sons are not felons and haven't been in an trouble for many years
Check your lease document, but it is doubtful that the terms (assuming they exist as they are claimed to be) apply in the manner they claim.
oh ok then I do pay for parking
But they wont let me back in and my landlord is out of the country. what should i do?
If the HOA claims to have any sort of what is called "contractual privity" with you, where they claim they can enforce the terms of the lease - then you similarly have a right to enforce all of the terms under the FL statutes regarding tenant protection (see below)
If they continue to not allow you access - you can file a lawsuit in small claims to request declaratory relief and damages to allow you access to your leased property. You are asking extraordinary relief, but given the situation, you should be able to do so under the terms of the CC&Rs for your landlord - right of access etc.
so who is ultimately responsible for these actions and who should i go after? the home owners association or the managment company?
Your landlord is the primary person you can hold responsible. As far as the party you would want to sue if you are unable to get any assistance from her due to her being out of the country, you can sue the HOA. (the management company, security, etc. are all just agents of the HOA, and you cannot sue the individual board members for this type of conduct - although if this escalates you may wish to speak to an attorney at which point such action may be appropriate).
what about the claim they say my sons have a criminal record and cannot visit me? is that legal? and how are they even allowed to make that claim without anyone consenting to a background check or even taking convictions and dropped charges into account
I was under the impression I can have whomever I want at anytime at my house as long as they don't cause problems (which no one has) this is all very random with the timing. I feel like one of the board members decided to do some home background check and saw my sons since they have my last name and that is what caused this
While it is possible in some situations in which criminal history does act as a bar to housing (it requires convictions, and from your characterization is far outside of your sons' conduct - which is immaterial in any event if they only come to visit and not to live), you are the resident and your sons are not.
It is possible to do a background check on an individual without their consent - but the term "background check" is very broad and can go from simply a search of public records, to much more specialized and confidential reports of governmental and financial sector records.
yes i understand. Just wanted clarifications on what legal premises i have against their accusations against my sons. So basically their feeling about my sons character are irrelevant in this matter regardless of their criminal history?
Correct - the Association cannot keep you from parking in your driveway.
So my next step in this process is to hire a civil attorney to sue the association?
Regarding allowing your sons onto the HOA property, that is governed by the HOA rules and guidelines, but it is also governed by Federal anti-discrimination laws.
i cant believe this
I would advise getting an attorney, it appears your situation as you describe it is untenable.
I just want to go home
ok well thank you very much for your assistance
You are welcome. I do wish you the very best in this situation, and I hope that you are able to get a speedy resolution (perhaps others in the HOA will realize what is going on is not permissible and step in).
take care sir
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).