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KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 1528
Experience:  Attorney at Law Office of KJLLAW
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My husband and I own a condominium unit in Miami that

Customer Question

My husband and I own a condominium unit in Miami that my mother previously occupied for ten years or so. We have never rented the unit. My daughter and her husband are temporarily staying in our unit as our guests while they sell their out of state home and purchase a home in Miami. They do not pay rent. My daughter was originally approved to live in the unit when we purchased it years ago. The association now wants us to pay $150.00 application fee and have my daughter and her husband complete an application for "sale or lease". They want all their information including their passport numbers. I have been fined $100 for their attorney to send me a letter requesting I comply. I have informed the association and their attorney that my unit is neither being sold nor leased. I have requested the proper application if one even exists. They again sent the same "sale or lease application". Are we required to complete an application that does not apply to our situation and are they allowed to charge $150 application fee? I have seen a statute online limiting application fees to $100. Thank you for your time and help. Luisa
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KJL LAW replied 1 year ago.
Good morning. If your daughter and her husband were originally approved to live in the unit, then they are still legally allowed to live in the unit. Yiu should provide copies of the original approval to the attorney for the condo and explain that she was approved at purchase to occupy and she is grandfathered in with her rights to occupy. Do this before paying a $150.00 application fee.I hope this helps with your question.