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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118782
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Florida new laws on Association rights against unruly tenants: Can

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Florida new laws on Association rights against unruly tenants:
Can you give me chapter and verse on the latest laws in Florida empowering unit owners and/or Associations to control and/or evict tenants who consistently flaunt Association rules?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under both the FL Condominium Act and the Homeowners Association Act, the Association has the legal authority to enforce the governing documents (including rules and regulations). Condo Act Section 718.303, Florida Statutes specifically requires tenants (and other occupants) to comply with those rules as well as the Condominium Act (Section 720.305, Florida Statutes says the same for HOAs). It is under this statute the Association can impose fines against unruly tenants and seek their eviction from the property by filing a lawsuit asking the Court for relief from unruly tenants. The Association can even ask the Court for an Order requiring the tenants to vacate the premises. See: Briarwinds Condominium Association v. Rigsby and Wood, No. 3D10-329 (Fla. 3rd DCA, 2010).

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Customer: replied 4 years ago.

I was well aware of the answer you gave me. Unfortunately the answer is both legally valid and utterly useless.

Filing lawsuits is costly and enriches only lawyers with almost always zero practical effect on conditions in time to make a difference.

My question related to what I thought were new measures that could legally be applied that constituted a practical quick and inexpensive shortcut to just results.

I was told the law was just passed under HB77 and signed by the governor. Is that true? And if so what relief does it afford condo Assn's dealing with deadbeat and/or belligerent tenants who flagrantly disobey condo rules secure in the belief that legal redress is not an option 99% of the time.

Thank you for your response Ronald.

I am afraid that I was not aware of what you were aware of when I answered you and also I am sorry but I cannot help that the law is legally valid and utterly useless, as you put it, because I can only tell you what the law is.

HB 77 amends a number of provisions which are intended to make it easier for landlords to evict tenants. For example, if the eviction is for noncompliance with the terms of the lease, and such noncompliance requires the landlord to give the tenant an opportunity to cure the violation, the landlord may begin eviction proceedings if the violation re-occurs within 12 months, without having to give the tenant another warning and opportunity to cure. HB 77 also provides that if the landlord accepts partial payments, the landlord may still seek to terminate the rental agreement or bring a civil action for noncompliance.

However, HB77 addresses a landlord and it does state if the association is a landlord, or encounters disputes where the landlord/tenant law may apply pursuant to the association’s governing documents, the association has the same right as any other landlord to evict.

The bill did not change the law that court process is still required to evict the tenant for non-compliance with the rules.

Landlord Tenant statute 83.56 was modified by the bill to state once a landlord gives a tenant a 7 day notice for non-compliance, the landlord does not have to wait for another violation within a year to proceed to evict the tenant. This is heralded as the benefit to condo associations to get tenants evicted more quickly, but it does not avoid the legal process I am afraid.
Customer: replied 4 years ago.

Thanks very much. It is what it is. I am amazed at the opposition this law received from agitators and left wing groups when all it does is make eviction marginally easier. Its effect will not be noticeable.

However as you say, all you can do is provide me with the news and it is not for me to 'shoot the messenger'. You have done your job well..

Forgive me for reacting as I did. I had thought for a moment that right had prevailed over evil in a small way with this new law. NOT SO.

Thank you for your response and doubly thank you for understanding our position as experts as you would not believe how many customers proceed to shoot us as messenger for the failures of their legislatures in passing laws.

Florida actually has one of the easier processes for evicting any tenant and many other states make it much more complex, if you can believe that.

The law actually did make it a bit easier for a landlord to evict someone, and you can still take action against an owner of a unit for not removing their tenant as well under the current Association Act, by allowing eviction after just one 7 day notice and not having to give any additional notices of violations.

Legislatures have a way of making small changes sound monumental.