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ASSOCIATIONS MUST ACT
QUICK
WHEN A SERVICE MEMBER
WANTS TO MOVE IN
By
Eric Glazer, Esq.
Published August 22, 2016
Lots of associations have
the right to screen and reject proposed renters of homes and
units in their communities. I previously blogged about a new
Dade and Broward ordinance that forces associations to act quick
when purchasers or renters file an application with the
association. The association has 15 days to tell the applicant
that the application needs to be corrected or completed. Then,
the association has 45 days to either reject or approve the
applicant and provide written notice of same, including the
reasons for the rejection.
Now, there is a new
Florida Statute that all associations in the State of Florida
need to know because it provides service members the right to a
quick decision from the board when they want to rent a unit in
the community. Florida Statute 83.683 provides:
(2) If
a condominium association, as defined in chapter 718, a
cooperative association, as defined in chapter 719, or a
homeowners’ association, as defined in chapter 720, requires a
prospective tenant of a condominium unit, cooperative unit, or
parcel within the association’s control to complete a rental
application before residing in a rental unit or parcel, the
association must complete processing of a rental application
submitted by a prospective tenant who is a servicemember, as
defined in s. 250.01, within 7 days after submission and must,
within that 7-day period, notify the servicemember in writing of
an application approval or denial and, if denied, the reason for
denial. Absent a timely denial of the rental application, the
association must allow the unit or parcel owner to lease the
rental unit or parcel to the servicemember and the landlord must
lease the rental unit or parcel to the servicemember if all
other terms of the application and lease are complied with.
Florida Statute 250.01 states:
(19) “Servicemember” means
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.
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About
HOA & Condo Blog
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Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
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decades and is the owner of Glazer
and Associates, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.
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