FL Community Association Manager Continuing Education

The association attorney sums up by stating that the squatter that meets the above requirements has the same rights as members to occupy a specific unit and gain access to the association property. The very unhappy HOA president expresses disdain with the legal mumbo jumbo, points out that the association pays the law firm a lot of money to keep the riff raff out, and that they have very little in terms of results to show for it. the association and its owners and be included in its governing documents and any rule related to same, such as what constitutes being a guest. This time it is a family member residing in the HOA president’s home. In a turn of fate, management sent a letter advising that the house guest is in violation. Much to the president’s surprise the family member must submit an application for residency and ask for a waiver on the requirement that they move out while the application is being processed. The president now understands, after counsel of the attorney, that a court might find the rule unreasonable and recommends the association not enforce the provision. The president also understands that they their relative will likely be living with them for a long time to come.

adverse possession, with or without color of title. Color of title, in property law, refers to a claim to title that appears valid, but may be legally defective. Without color of title is any other taking of property by adverse possession, based primarily upon continued trespass for longer than the required statute of limitations, and any other state requirements that demonstrate that the property has been occupied. Guests Two days later, however, the president calls the attorney with yet another perplexing matter. This time it concerns a matter about guests. The HOA president asks, “When is a guest no longer a guest but a resident?” To which the attorney replies by explaining what the HOA’s governing documents say regarding guests. “The association’s documents define a guest as someone who resides in a unit, without paying a rental fee, for a period no greater than three months, consecutive or non- consecutive, in any consecutive twelve-month period. Once a guest exceeds this limit, they are considered a resident. At least one month prior to the expiration of the three-month period, the guest is required to submit an application for residency to the association. The association has the authority to screen the applicant and to approve or deny the application.” For any community association to have enforcement on use restrictions, the specific use restriction should be defined by Disclosures Purchasers in community associations must be provided with certain disclosures and documents regarding the existence of the community association. In part, the documents declare that, as an owner, membership in the community association is mandatory and there are recorded covenants with which all members are expected to comply. An example of a disclosure summary that is required for purchase of a unit/ parcel in a homeowners’ association is shown below.

F.S. 720.401 - Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract cancellation. (1)(a) A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. The disclosure summary must be in a form substantially similar to the following form:

DISCLOSURE SUMMARY FOR (NAME OF COMMUNITY) 1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS’ ASSOCIATION. 2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. 3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $____________ PER _________. YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $____________ PER _________. 4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. 5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS’ ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY. 6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS’ ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $____________ PER _________. 7. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. 8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY. 9. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER. DATE: ______________________ PURCHASER: __________________________________________________ Summing it up It should be obvious by now that it can be difficult to deny an application for membership, lease, or residency.

both, often file a lawsuit. When that occurs, the association can become subject to the whims and biases of a court or jury, and it often results in substantial monetary losses for the association.

Often, people who are rejected accept the denial rather than mount an expensive legal challenge. However, others, who may have the financial wherewithal, are sufficiently angry, or

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Book Code: CAMFL1524

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