Megalomania of Condo Assn

[claudius]

What is the name of your state? Florida
Seven years ago two of sixteen condo units of a 55+ building were purchased. The condo association consists of owners of the units. For four years we rented one of the condos on the second floor. We had issues with the downstairs neighbor who complained about noise from upstairs. It is important to note that the building was built in the 60's and the wooden floor has loos boards, some of which rock when stepped on. When new carpet was installed, the condo assn recommended 3/4" padding. 1" padding was installed, yet the effect was not satisfactory to the downstairs neighbor. At an assn meeting it was decided that renting should not be allowed anymore, and grandfather rights were discussed. The resolution which was passed out did not include any reference to that. For two years the condo was vacant because the assn is required to approve tenants and pointed to the decision forbidding renting made at the meeting and refused to accept tenants (the president being the downstairs neighbor). The condo is a liability, and renting it would be preferrable, yet how can we approach the assn with this dilemma? Thank you for all your help.

[Paddy Reagan]

For many years, the conventional wisdom among condo owners suggested that existing owners are protected from changes in policy and regulation proposed by future boards of directors. This "grandfathering" notion was used to protect owners of condo rental units, owners of pets, and others.

In 2002, however, the Florida Supreme Court, in a decision involving Village Condominium Association, Inc. v. Jahren, cast deep shadows on the grandfathering concept by ruling that associations CAN change the rules for all owners.

Even so, boards of directors must abide by their own Declarations of Condominium and the Florida State Statutes to make such changes. Failure to do so can make their efforts unenforceable.

In your description, you suggested that the change in rental policy was made at an association meeting. Here are questions you may choose to ask:

a. Was the meeting properly noticed? Fourteen days are required.
b. Was a Limited Proxy included for use by members who couldn't attend the meeting?
c. Did the appropriate number of owners vote to approve the amendment? Some declarations require a majority to approve such a change. Others require a two-thirds vote.
d. Was a formal amendment to the Declaration of Condominium prepared to prohibit rentals?
e. Was the amendment filed with the County Clerk?

If the answer to each of these questions is yes, the suspension of rentals is probably valid. If not, perhaps you should discuss the situation with your attorney.