Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1

    Default Condo Assocation Wants the Owner to Evict His Tenants

    My question involves landlord-tenant law in the State of: Florida

    Good morning ,

    I am a tenant residing within a condo owned by a private owner, but managed by a condo management association. In September they decided 2 single occurrences of exercising (by my guest) on grounds directly outside my units patio were a nuisance. At this point the condo-association is trying to terminate my lease and threatening to sue the owner as well as naming false allegations against me that have no evidentiary standards. My owner does not wish for me to leave, but is no longer able to continue to fight with the association about this. I have a copy of my original lease from 2013 that was approved for Dec 2013 to March 2014 and future lease terms are annul March through March signed by myself and the owner; including current lease. I am looking for assistance because I feel they are over reaching and grossly abusing power by threatening to sue the owner for monetary value of eviction. As well as potentially breaching my contract which clearly states the lease term of March 2016 to March 2017.

    The second issue is the condo association are trying to say 2 acts are considered a nuisance. These complaints were filed by the same person as well as bringing other issues to hand that were minor and resolved. The other 'complaints' were created by the same person who happens to be the president of the board. I am nothing close to nuisance in my small community. My husband and I work full time and go to school while raising our son who is barely one year old. We do not bother anyone. I feel we are being targeted and the president is abusing the power to take advantage of us for whatever reason. Id like to fight this but need a starting point and to be assured that I have a chance considering their allegations and threats are erroneous and frivolous.

    Kindly,

    Kaitlin

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Condo Assocation Threats to Owner

    The starting point is to read the CC&Rs of the condo association to understand what the rights and procedures are.

  3. #3

    Default Re: Condo Assocation Threats to Owner

    I'm assuming my rights are to at least stay within the lease terms. If they try to make me leave sooner they would be breaching contract and breaking my lease. I know they have blanket nuisance clause in condo docs but I don't think something that happened 2 times should be considered a nuisance. Nor do I think it should be used against me when the complaint was never verified to begin with. The letter threatening the owner states multiple fabricated statements that I want to review but they will not speak with me because I am not the owner.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Condo Assocation Threats to Owner

    Quote Quoting kaitlinmaureen
    View Post
    I'm assuming my rights are to at least stay within the lease terms. If they try to make me leave sooner they would be breaching contract and breaking my lease. I know they have blanket nuisance clause in condo docs but I don't think something that happened 2 times should be considered a nuisance. Nor do I think it should be used against me when the complaint was never verified to begin with. The letter threatening the owner states multiple fabricated statements that I want to review but they will not speak with me because I am not the owner.
    What did your guest actually do that upset the other resident? Exercising hardly seems like something that would generate a complaint.

  5. #5

    Default Re: Condo Assocation Threats to Owner

    My guest used workout equipment outside my patio. We are on the first floor and directly outside my unit are stones and bricks that lead towards path to pool,from my unit. He placed weight bench on stone for 30 minutes while exercising.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Condo Assocation Threats to Owner

    Quote Quoting kaitlinmaureen
    View Post
    My guest used workout equipment outside my patio. We are on the first floor and directly outside my unit are stones and bricks that lead towards path to pool,from my unit. He placed weight bench on stone for 30 minutes while exercising.
    Well, after the first complaint, he probably should not have done it a second time. That is a bit over the top.

  7. #7
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Condo Assocation Threats to Owner

    You are still going to have to read the CC&Rs to see why it is a nuisance and what procedures have to be followed.

  8. #8

    Default Re: Condo Assocation Threats to Owner

    I agree it should not have been done a second time. But, I was assured by my property manager and owner that it was not an issue and the association could not,at the time, state where in the docs it was not allowed or against any rules. I agree it is way over the top and I cant imagine it is grounds to evict me or even argue the owner not to resign a lease.

    I have asked for a copy and the condo assoc will not provide me with one because I am not the owner. Their nuisance 'clause' is extremely vague and states "No nuisance shall be allowed upon the condominium property nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents." I hardly see 2 occasions as a nuisance.

    There are other tenants who regularly exercise on the property.

  9. #9
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Condo Assocation Threats to Owner

    You use words like "trying" and "threatening."

    Have you been served any WRITTEN notices to vacate or served with court papers for eviction?

    If the answer is "no" to both parts of that question I suggest you turn a deaf ear to all this and see what happens.

    You have nothing to "fight" until one of those events happens.

    Seems like the board is trying to bluff you out of your home because somebody doesn't like you.

    As for the condo documents you can either get copies from your landlord or demand them through discovery if somebody takes you to court.

  10. #10

    Default Re: Condo Assocation Threats to Owner

    They have not, to my knowledge, filed for eviction. I have not received any legal documents other than a letter from the associations attorney to the owner threatening to sue. But, even that was never sent to me; only to the owner who forwarded the information to me. The attorneys letter, I have been told, is probably a 'scare-tactic'. I think that is what is happening: they are bluffing. I guess I have no choice but wait to see what happens. Thank you.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Condo & Co-Op Community Rules: When can a Current Owner be Fined for a Condo Violation Committed by a Prior Owner
    By Jan0543 in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 01-14-2016, 07:31 AM
  2. Payment: Is a Newly Formed Condo Assocation Responsible for Pre-Existing Damage to a Unit
    By Jake33 in forum Construction, Repair and Renovation
    Replies: 1
    Last Post: 11-04-2013, 09:33 AM
  3. Defenses to Eviction: Can a HOA Evict a Condo Owner's Tenants
    By joec3269 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-14-2012, 11:40 AM
  4. Condo & Co-Op Boards and Associations: Condo Head Says Owner of Abandoned Condo is Moving Back In, She's Lying
    By AliceW in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 11-29-2011, 08:19 AM
  5. How to Evict Abusive Son of Condo Owner
    By cjcknight in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 04-11-2011, 10:00 PM
 
 
Sponsored Links

Legal Help, Information and Resources