ENFORCING THE RENTAL OF UNITS

By Darlys Walker

Published February 26, 2014

Enforcing the rental of units or rather the non-rental of units has become a challenge for most Boards and Management Firms. As Eric stated, PS 718-110(13) is very clear as to the rights given to the unit owners before 2004 and the rights given to anyone voting for amendments or purchasing after amendments were passed. However there are always those Homeowners who are determined to do what they want to do and aggressively look for ways to circumvent the law.

One such action, that we have experienced in South Florida and Orlando, may have created larger problems for these Homeowners. In both cases, Homeowners applied for leasing privileges and were denied by their Boards, who in their decision-making were compliant with the Florida statute as well as their documents. Both Homeowners then applied for hardship permits and again were denied by their Boards.  Think outside the box, both Homeowners sold 1% ownership of their units to the potential renters, adding them to the title, thereby claiming the unit was owner occupied and the leasing regulations did not apply,

Now, the unit owner in Orlando has been trying to sell their unit but has experienced difficulty in closing as the “Renter or 1% owner” refuses to move or sign any documents.  Instead of thinking outside the box, these Homeowners boxed themselves into problematic situations.

As Managers we try to manage the leasing procedures OF each community in a proactive manner FOR each community. But the difficulty in the Florida statute, in its current state, as well as the proposed changes in H807, leaves much to be desired. In order to enforce either, Management or the Board must reference the ballots to clarify how a particular unit owner voted. My last thought is, if the majority of the Homeowners vote to amend the declaration, then why would it simply apply to all as majority rules? Here again Florida Legislators are making things more difficult than necessary. Let’s not forget members of the HOA’s have they been given any consideration in this matter? It doesn’t appear so!

Darlys Walker, Founder and CEO of Condominium Concepts Management, Inc. (CCM), is recognized for her straight talk, subject matter expertise, and valued insights regarding real

state management, leasing, and HOAs. Her company serves a diverse portfolio of properties, from 16-units up to 600 as well as large mixed-use developments.  

   From its beginnings in 2000, CCM has become a well-respected asset manager and now works with over 100 associations with 16,000 units served by over 300 employees. Darlys and her team deliver resources and responsiveness through six regional offices - in Orlando, Miami, Jacksonville, Charleston, Nashville and Atlanta.

   Darlys Walker is best known for her passion and precision, understanding that the only difference that matters in today's demanding marketplace is service delivery ... doing what is promised and what is right. She knows that every community serves two masters ... the property owner/developer and the resident/homeowner. "If we are not equally responsive to both, we are not doing our job," she states.  

   Her clients say it best: "Darlys really knows her stuff" ... "at the top of her profession and it shows in the caliber of her clients" ... "delivers quality resources that match up well with needs and expectations that are really rigorous."  

   She is a licensed Real Estate Broker in four states, holds an Associate's Degree in Marketing and has earned the Accredited Real Estate Manager designation from the Georgia Institute of Real Estate Management. Also she is one of few certified as a Lead-Based Paint Abatement & Removal Trainer in Georgia.

   Darlys Walker and her team have been selected to manage the condominium conversion process and day-to-day operations for many of the Southeast's most high-profile condominium communities including luxury high-rises, mid-rises and garden-style homes. Most recently she has been recognized as an expert in 're-versions' of communities from condominiums to leased homes, as well as repositioning projects. A visionary and a tireless perfectionist, Darlys demonstrates hands-on leadership, working individually with each client and staff associate to achieve defined business outcomes and satisfaction.  

  For more information about Darlys Walker and Condominium Concepts Management, Inc. please visit www.condominiumconcepts.com.

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