Condominium and Homeowner Associations Must Have Specific Authority to Evict Problem Tenants

July 22nd, 2013

Posted in Business & Corporate Law

A frequent question by condominium and homeowner association boards is whether the association may evict the tenant of an owner who has repeatedly violated Association rules.  In the situation where the association is not the owner of a unit and thus not the landlord, the association must possess specific statutory or contractual authority to evict a tenant.  The only specific authority granted to condominium and homeowner associations to evict is found in F.S. 718.116(11)(b) (Condominiums) and F.S. 720.3085(8)(d) (HOAs), respectively, if a tenant does not pay rent to the association upon receipt of a written demand where the owner is delinquent in payment of a monetary obligation to the association.  The Condominium and HOA Acts respectively provide the association with remedies at law or in equity, however, the association would first need in those situations to proceed through any alternative dispute resolution routes before filing suit.  Accordingly, an amendment to the association’s governing documents specifically providing the power to evict for violations is recommended and counsel should be contacted to discuss the approval of membership required to be obtained.

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