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 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
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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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