Association Wants me Out of my renting house (apartments, foreclosures)

[migueleitor]

Hello,

I'd like to know if anyone has had a problem like this while living in an complex and how i can resoved this problem.

I've been renting in the complex fro almost 3 years and since i moved in, the association did not like ME but i did not care.

Last week, i changed my car and i did not take off the decal or sticker that allows me to park my car in the complex, and I didn't report it to the association because i didn't want them to know that i changed my car. So the security guards started putting violation sticker on my windows following the association's rules even thought i told him to report my car to the office and request him to send me the new sticker. For this reason, i argued with him and he made a report of what happened.

For this reason, the association (on behalf of the president who don't want me there anymore) sent a letter to the owner and a copy to me on May 14, 2008, which said:

it has come to our attenction that the tenant renting your unit have caused various past violation notices, do not comply with the Association's rules and regulations, uncooperative and intolaran of the security guards's instructions, and harassingly and verbally criticize the security guard when he is performing this responsibilities as requiered by the board of Directors. The board of directors are in the process of reviewwing the status of all leases in the community. Due to the non-compliance with the varios rules and regulations, and problems involving your tenants, the Board of Directors will NOT approve another renewal of the lease got your current tenants

In addition, the standar (red) decal will not be issued to the same tenant as the lease is not renewable.

Please make arragements with your tenant to vacate the premises by June 15, 2008 or your account may be assedssed a fine and or you may be held responsible for all legal fee and costs for eviction procesdures.

i tried to call them but they don't want to talk to me so i sent a letter to the association regarding this letter and i talked to the landlord about this, he told me to not worry and wait until the next meeting on Jun 10, 2008 that we were going to talk about it. I have not had any problem with any neibor , not even a police report, or anything that can affect the complex with my attitud.

i called the cosumer services of florida in Tallahasse and they told me that they can not kick me out of my house without a court letter.

Can anyone tell me anything else to resolve this problem? Is the association harassing me?

Any information will be very appreciated

NOTE: Everyone at the complex has had problems with the security guard because of the parking sticker.

Please, find a copy of the letter.

[LeftHook]

It's kinda hard for me to comment seeing that there's always "two sides to every story". I live in Oklahoma, but having been in the rental industry, I know for a fact that regardless of what state one lives in, an eviction is a court process. It has to be done by a legal court action. Check and see if you can find an attorney that handles rental law (tenant vs landlord disputes)...Sorry, I can't give you any more help. I feel your pain my friend.

[illini84]

It doesn't sound like an eviction to me; it sounds like they are just prohibiting you from renewing the lease for another year, which they would legally be allowed to do.

[migueleitor]

Hello,

LeftHook thank you for your information.

I got a call from Consumer Depart of Florida and they told me that if i wanted , i could file a complaint and open a case. As they know , the only way to kick me out from my house is with a attorney letter, which i don't think they will do it because the cost a lot and becasue they are fighting for a parking sticker. However, anything can happen in this life where we live.

here it's the website

File a Complaint - Division of Consumer Services, DOACS

[Fighter 1]

Originally Posted by migueleitor

Hello,

LeftHook thank you for your information.

I got a call fro!m Consumer Depart of Florida and they told me that if i wanted , i could file a complaint and open a case. As they know , the only way to kick me out from my house is with a attorney letter, which i don't think they will do it because the cost a lot and becasue they are fighting for a parking sticker. However, anything can happen in this life where we live.

here it's the website

File a Complaint - Division of Consumer Services, DOACS

**********Ok ! Help is here! Sorry don't laugh but these condo mgr.-HMA, always make me laugh with their Iron clad rules and regulations, direct message me . I am not an attorney ,but I fought a City in So California for 3 1/2 yrs and won ! if you would like my free help , just call. Just so you understand they must give you a hearing , they must present evidence to prove all their claims , they don't have the right to tell the person at this point whom they can rent to either . all these actions constitute a violation of your constitutional rights to Due Process Citeable under Title 42, 1983, Action in Superior Court in any state in the U.S.A. bring them on you won't even need to go to court.

[migueleitor]

Originally Posted by Fighter 1

**********Ok ! Help is here! Sorry don't laugh but these condo mgr.-HMA, always make me laugh with their Iron clad rules and regulations, direct message me . I am not an attorney ,but I fought a City in So California for 3 1/2 yrs and won ! if you would like my free help , just call. Just so you understand they must give you a hearing , they must present evidence to prove all their claims , they don't have the right to tell the person at this point whom they can rent to either . all these actions constitute a violation of your constitutional rights to Due Process Citeable under Title 42, 1983, Action in Superior Court in any state in the U.S.A. bring them on you won't even need to go to court.

Thank and yeah, HOAs think that they own the proporty and they decide who live there or not, instad of the landlords do.

I just hope that they apologize for sending the lette.

I will keep yoo guys posted of how this ends because next month there is a meeting to discuss the parking problem, "what a coincident", and my landlord and i will go to discuss my problem, and speak out to the neibors what the board of directors (which has 2 people, one of them sick ) want to do.

I will laugh jajaja.

[gbugmiami]

Ill tell you what will happen next month. Your landlord will raise your rent to the point it doesnt make sense for you to lease there. Then everyones happy. And you may as well start looking for a place now.

[Meerteekah]

HOA's can be a pain or a boon (ie, if you ahve a good board that is protecting the interests of all and of the future of the property via good mgmt).

I used to own a townhouse in a gated HOA community, and man, those meetings could get wild.

Right now, I am watching my BIL (former business guy who has been involved in heading and running and coordinating at various positions within the HOA). It's tough. People rent out their unit but then DO NOT PAY THEIR FEES AND ASSESSMENTS.That means they're getting money from a tenant, but not honoring their obligations to the HOA. That means other owners pay more.

Right now, the HOAs in Florida are having a tough time what with the foreclosures, owners not paying fees, which mean that the property is harder to be kept up to a nice condition (you can't pay for roofers, painters, landscape maintenance, etc). High priced assessments are becoming the norm.

You may be paying your owner, but your owner may be a leech.

My BIL's HOA has already foreclosed on one owner who got way, way, way behind on fees and assessments. They may have to do the same to others.

Remember, it's not just one owner who gets to call the shots. Anyone who buys into a property with an HOA is in a group-venture and it's not an "i do what i want" system. Some HOA's (not in FL) can even decide what % of units can rent and no more.

The suggestion that you look for other accomodations is a good one. Clearly, you and this community don't get along (and we only heard your side of the story, whch as we all know is hardly the way to make a sound judgment on who is right or wrong). Finding a place where there is no HOA and you're only accountable to your landlord (say, rental apartments) might be better for you. You'll only have to answer to one, not to a group.

Good luck.

M.