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Condo in N. Miami Beach, FLA, building registered for 55 and over with no children, pets, and no renting.
Several owners are openly renting units and no one has stopped them becuase we have had an ineffective Board.
Now we have the strength to evict and do not know how to evict without spending a lot of time and money.
The tenants do not know or care about our rules and have even defaced the inside of our elevator doors with graffiti.
We are in the process of our 40 year recertification inspections and compliances.
Tenants are noisy, breaking rules, and parking in the wrong spaces, and generally trashing the place. It is a run down building at best anyway so it attracts the wrong sort of renters.
We have one part time cleaner who does very little since before when we had no children and everyone followed the rules about trash, etc that is all we needed. Now we cannot afford a management company and a full time janitor- because we have to put on a new roof, and many other things for re-certification of our building or we face eviction until the building is up to code. The elderly in this buildling cannot be displaced like that.
I think it is all about money but want to find a way without paying lawyers $200.00 per hour!!
There is really no way you are going to do this without a lawyer and the court system. I don't believe you ( meaning the condo association) has the right to evict the tenants.
If would be the owner who has to evict. What you, the condo board, has to do is to go after the owners who are illegally renting. You would need to make a list of violations that the tenants are doing and charge those violations to the owners via fines. Do you even have a list of written rules for the condo owners to follow?
Then you would also have to take those owners to court and have perhaps something like a cease and desist or injunction issued by the court to stop them from renting. Once that was done, then it is up to the owner to evict tenants to be in compliance with any court order.
If you didn't want to take the owners to court to get them to stop renting, then you would still keep fining them for tenant rules violations. You would have to come to individual agreements with each owner that rents cannot extend beyond current lease periods or you will take them to court to stop the rentals. Then you would just have to wait for those leases to run out and keep your fingers crossed that you don't have to take court action.
The condo board would likely win in court but it is going to cost some money and is time consuming..
The condo board can evict..you'd be surprised as what theses 'boards' and 'hoas' can do!
the first step is getting to the owner....the board needs to start holding the owner accountable..they need to start fining the owner for bylaw violations. Will you need a lawyer? Yes, as some point you will and if you really want this crap to stop, you'll keep a lawyer in your back pocket and you'll make sure every owner knows that if they rent, they will be fined and the tenants evicted........just so you k now, condo boards/hoas here in Florida have a lot of power..to the point where the owner could lose his home.
Now we have the strength to evict and do not know how to evict without spending a lot of time and money.
I don't think you have any option but to plan on spending time and money. In my opinion you need a good attorney on board right away as this neglect is way out of hand and not something the board can fix by itself. Not only will you need to evict but also try to recoup as much money for damages as possible - and then condo fees will have to be raised too in order to try and recoup more. Good luck!
The condo board can evict..you'd be surprised as what theses 'boards' and 'hoas' can do!
the first step is getting to the owner....the board needs to start holding the owner accountable..they need to start fining the owner for bylaw violations. Will you need a lawyer? Yes, as some point you will and if you really want this crap to stop, you'll keep a lawyer in your back pocket and you'll make sure every owner knows that if they rent, they will be fined and the tenants evicted........just so you k now, condo boards/hoas here in Florida have a lot of power..to the point where the owner could lose his home.
Really? I contacted a lawyer about renting the condo I am currently in, and he said that condo boards have very little power. They only have the "right of first refusal" which means they could either buy or rent the condo themselves. Other than that, he said, they can't do much of anything. Coop boards, on the other hand, can.
You start by contacting the owners, in writing, and informing them that renting the units is against HOA rules and that legal action is going to be taken against them if they persist in using their condo as a rental.
Every area has a lawyer who specializes in evictions. He does them in bulk, so the price to evict isn't all that high. He'll take 10 evictions down to the courthouse and do them all at the same time. Most evictions are basically rubber stamp, so it doesn't take a lot of his time to do 10 of them. It might cost you $200-$300 per tenant to get the entire process done.
Contact some of the large apartment complexes and ask them who is doing their evictions for them. If there is a big city nearby, there will be a landlord's association and they will know who to hire to get bulk evictions done.
Also, if it were me, I'd have the board vote in a fine for renting the units and send a written notice to all owners about it. Then, after a proper notice period, you can start wracking up fines against the owners who are renting against the HOA rules.
You start by contacting the owners, in writing, and informing them that renting the units is against HOA rules and that legal action is going to be taken against them if they persist in using their condo as a rental.
Every area has a lawyer who specializes in evictions. He does them in bulk, so the price to evict isn't all that high. He'll take 10 evictions down to the courthouse and do them all at the same time. Most evictions are basically rubber stamp, so it doesn't take a lot of his time to do 10 of them. It might cost you $200-$300 per tenant to get the entire process done.
Contact some of the large apartment complexes and ask them who is doing their evictions for them. If there is a big city nearby, there will be a landlord's association and they will know who to hire to get bulk evictions done.
Also, if it were me, I'd have the board vote in a fine for renting the units and send a written notice to all owners about it. Then, after a proper notice period, you can start wracking up fines against the owners who are renting against the HOA rules.
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