Leasing your condominium unit
May 23, 2017 - Blog by Moorhead Real Estate Law Group
A recent Florida district court ruling upheld condominium rules and regulations. In this case[1], the condominium association created rules and regulations restricting condominium unit owners from – leasing their units: 1. to unknown third parties without prior approval of the board of directors; and 2. for a period less than a month.
Le Scampi Condominium Association, Inc. filed an action against condominium unit owners to prevent owners from leasing their units to non-family members without prior approval and for a period of less than a month. The Circuit Court granted summary judgment in favor of the unit owners, and the Association appealed.
The District Court reversed the trial court’s summary judgment.
In its ruling, the Court held that rules and regulations are enforceable so long as they do not conflict with the condominium’s Declaration. The District Court of Appeal held that the declaration and rules and regulations for the association would be considered together in order to determine the conditions between the parties. If the rules and regulations conflict with the declaration, the declaration would control.
The declaration allows the transfer of units to certain family members as long as they supply notification. But, the declaration does not expressly permit owners to lease their unit to non-family members. The District Court stated, the Circuit Court can not grant such a right. The District Court found that the rules and regulations restricting transfer to unknown third parties without prior notice and for a period of less than a month did not conflict with the declaration, and were thus enforceable.
The case was reversed and sent back to the circuit court with instructions for it to grant summary judgment in favor of the Association.
[1] Le Scampi Condominium Association, Inc. V. Hall, 200 So.3d 187 (2016)
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This is not intended to be legal advice for any specific situation and the reader should consult their attorney regarding their situation.