single-family or multi-family zoning without local governmental approval. It becomes clear to the board and the screening committee that there is no legal way to prevent the sale and that they will have to accept the presence of the sober house.
The president presses forward by reminding everyone that the governing documents state that the homes can only be occupied by a single family. The attorney reminds the group that F.S. 419.001, Community Residential Homes, provides that community residential homes with six or fewer residents shall be treated as a single- family, non-commercial residential home for the purpose of local laws and ordinances and be allowed in Houses of worship A couple of quiet weeks pass, and she begins to calm down. And then she gets a call from Vincent informing her that one of the committee members sold their unit to a practitioner of a religious sect. The new owner intends to hold services in their home. In effect, the home will function as a house of worship. The board reaches out to their attorney who informs them that the association would be in violation of the FHA if it rejected an application for purchase based on the religion of the applicant. Their attorney went on to cite a decision of the U.S. Supreme Court in a 1992 case in Hialeah, Florida, in which it was determined that the actions against the religious Squatters Sure enough, a week later, the attorney receives a call from the president of the association, who explains that this is not a screening committee matter because it is not about someone seeking residency. It is about a family who has moved in and are living in one of the units without any application, or documentation of purchase or lease. In fact, the family has been in residence for many years but did not come to the board’s attention because the monthly maintenance has been paid on time and there have been no reported rule violations. He says that he only realized that there was something wrong when a candidate for the board stopped by the house to solicit a proxy from the occupant and was told that they can’t vote Adverse possession It is not unknown for squatters to take up residence in abandoned community association units. F.S. 95.18 provides squatters with legal rights to possess the property they have occupied. The statute provides that if the squatter has been in actual continued possession of real property for seven years under a claim of title (an unwritten assertion of ownership) exclusive of any other right, but not founded on a written instrument, judgement, or decree, the property actually possessed is held adversely by the person claiming adverse possession. By adverse possession, title to another’s real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner’s rights for a specified period. Squatter’s rights are a form of adverse possession. The person holding adverse possession is required to have done the following: ● Paid, subject to F.S. 197.3335, all outstanding taxes and matured installments of special improvement liens levied against the property by the state county, municipality within one year after entering into possession. ● Made a return (an official report or statement submitted in response to a formal demand of the property) by proper legal description to the property appraiser of the county where it is located within 30 days and has subsequently paid, subject to F.S. 197.3335, all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality for all remaining years necessary to establish a claim of adverse possession. The statute further provides that the property is deemed to be adversely possessed if the property has been protected by substantial enclosure or cultivated, maintained, or improved in a usual manner. Additionally, a person claiming adverse possession must make a return of the property by providing to
sect was a violation of the nation’s essential commitment to religious freedom and was found to be in violation of the first amendment. The committee and board are also informed that the courts are very protective of the first amendment right of persons to enjoy the free exercise of their religion, although it is possible, if the owner failed to correct well documented occurrences of nuisances and other worship related violations, that the court could restrict the resident’s rights to use their residence as a house of worship. because they’re not official owners. It turns out that they’re not renters either. The attorney responds by informing the president that it looks like the association has squatters. A squatter is a person who without legal title to the property, occupies an uninhabited building or unused land without paying rent. The attorney asked how the squatters are getting through security at the guard house and the president responds that they have bar coded stickers on their vehicles. Being very frustrated at this point, the president directs the association attorney to “get rid of them.” It is then explained to the unhappy HOA president, about adverse possession and the rights of squatters. the property appraiser a uniform return on a form provided by the Department of Revenue. The return must include all of the following: ● The name and address of the person claiming adverse possession. ● The date that the person claiming adverse possession entered into possession of the property. ● A full and complete legal description of the property that is subject to the adverse possession claim. ● A notarized attestation clause that states: UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING RETURN AND THAT THE FACTS STATED IN IT ARE TRUE AND CORRECT. I FURTHER ACKNOWLEDGE THAT THE RETURN DOES NOT CREATE ANY INTEREST ENFORCEABLE BY LAW IN THE DESCRIBED PROPERTY. ● A description of the use of the property by the person claiming adverse possession. ● A receipt to be completed by the property appraiser. ● Dates of payment by the possessor of all outstanding taxes and matured installments of special improvement liens levied against the property by the state, county, or municipality. ● The following notice provision at the top of the first page, printed in at least 12-point uppercase and boldfaced type: THIS RETURN DOES NOT CREATE ANY INTEREST ENFORCEABLE BY LAW IN THE DESCRIBED PROPERTY. Management and security personnel cannot assume that a person who has not provided documentation that establishes traditional ownership, residency, or other right of occupancy does not have the right to occupy a unit or can be denied access to the property. Such a person may be a squatter with
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