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  1. #1
    Join Date
    Sep 2009
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    1

    Exclamation Can Condo Association Evict a Renter Who Broke into My Unit

    My question involves a condominium located in the State of: Florida

    Does my condo association have the power to force a condo owner to evict his tenants when one of them broke into my condo through a window on the breezeway and stole a significant amount of property from my renters? This offender is/was a minor at the time of the offense, was arrested, held for several months, and given three years probation. When he was released, he came back to live in the building. These people still live two doors down from my renters, and are causing all sorts of problems in the building. My Association devows any responsibility for this situation, and Board members say they can't do anything about it. They tell me I should sue these renters, or that my renters should have filed a restraining order.

    What power do Florida Condo Associations have in these cases?

    Thanks!

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Can Condo Asso Evict Renter Who Broke into My Unit

    Quote Quoting SoBeOwner
    View Post
    My question involves a condominium located in the State of: Florida

    Does my condo association have the power to force a condo owner to evict his tenants when one of them broke into my condo through a window on the breezeway and stole a significant amount of property from my renters? This offender is/was a minor at the time of the offense, was arrested, held for several months, and given three years probation. When he was released, he came back to live in the building. These people still live two doors down from my renters, and are causing all sorts of problems in the building. My Association devows any responsibility for this situation, and Board members say they can't do anything about it. They tell me I should sue these renters, or that my renters should have filed a restraining order.

    What power do Florida Condo Associations have in these cases?

    Thanks!
    I don't know the bylaws of your condo.

    However, I had rental condos, and I had tenants of mine complain about renters in a neighboring condo. What the HOA does, thru the PM company, is go after the owner of that condo. In our case, the HOA after one or two ignored warnings then proceded to impose fines on the owner. After a series of fines, it just got too expensive, and the owner decided to evict the renter.

    It is normally not within the purview of the HOA to evict tenants, and I doubt that they can even legally go to court, and have standing. I know in some cases, HOA have bylaws that requires owners to include certain addendums in leases, such as observance of quiet hours, bringing trash to certain locations, but initiating evictions, NO.

    If I was the HOA board member, and I CANNOT legally do anything, what do you expect me to do to the tenant?? Only the owner can get after the tenant.

    This is one thing I didn't like about rental condos as an owner. When my conndo tenant complained, I had to contact the PM company who contacted the owner of the other unit, and the HOA. I had a similar problem as the owner of a 3 family. One tenant had a problem with another living upstairs with loud music late at night. So I just called the guy upstairs to knock it off, and it was taken care of in less than 10 minutes.

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