HURRY UP! A NEW LAW REQUIRES BOARDS TO RESPOND WITHIN 7 DAYS TO LEASE APPLICATIONS

By Jan Bergemann

Published August 26, 2016

 

We have talked a lot about boards and management companies taking their “sweet” time responding to applications from potential buyers and/or renters. We talked as well about ordinances passed by some Florida counties trying to speed up responses to these applications.

 

Now the Florida legislature added a provision – effective July 1, 2016 -- to Section 83.683(2), Florida Statutes, also known as the Landlord Tenant Act, that forces community associations to respond to lease applications filed by "any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces" within seven days after the completed application was filed.

  

But never forget: Only community associations who have the right to approval of potential owners/renters given to them by their governing documents can demand applications in the first place. I know there are lots of communities who just think they have the right of approving or disapproving potential buyers/renters.

  

Make sure your governing documents really give you these rights – otherwise you may face a very expensive lawsuit by an owner who wants to rent or sell his unit/home. This is not a rule that can just be made up by the board members!


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Jan Bergemann Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!

 

CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.

 

The organization has two websites to inform interested Florida homeowners and condo owners:

News Website: http://www.ccfj.net/.

Educational Website: http://www.ccfjfoundation.net/.

   
We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !


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