Problem with Association and Lease rules...

[tmtech]

What is the name of your state? Florida

I moved in of June of 2006 with a 1-Year lease. After a few months I purchased a Motorcycle. I later found out that some small print in the lease says I cant have one. I received a verbal and a letter from the condo association. I spoke with my landlord who was pretty nonchalant about the situation and so i let it go myself. I later today received a letter from an attorney basically saying that i cant have a bike, and i need to get rid of it or the landlord must evict me. And also the landlord no matter what can renew our lease due to this situation. I wanted to know if it even makes sense to get legal help or if I should just let this go.. I feel we have been picked on since moving into our neighborhood and feel this is the action the need to make us move. Sometimes I know a letter from another attorney can help change the course of things.. I do feel that this is a silly rule as gas prices are high and motorcycles are becoming more and more used be normal everyday people.

Anyway please contact me and let me know what I should do...

Concerned

Terry M.

[JETX]

Originally Posted by tmtech

I later found out that some small print in the lease says I cant have one.
Anyway please contact me and let me know what I should do..

Gee... seems like you answered your own question there. Get rid of the bike or be prepared for an eviction.

[tmtech]

But I think that the wording in our lease is worded in such away that could be contested...

[JETX]

Originally Posted by tmtech

But I think that the wording in our lease is worded in such away that could be contested...

Then go to court and argue your position.

[wayne-o]

and your problem would be with your landlord. He and his tenants have to abide by the ccr's of the community where you live.

[Paddy Reagan]

First of all, the landlord or the condo association can't control what what you choose to drive/ride. You're a victim of association rules and regulations that forbid the parking of motorcycles on its premises which is why your landlord included the provision in your lease. Under Florida Statutes, association boards can levy fines of up to $100 per day for up to ten days for violations of the rules by owners or their tenants. Your landlord is probably feeling the heat and is passing it along to you.

With six months remaining on the lease it's doubtful that the landlord/owner will release you without, as a minimum, retaining your deposit. To summarize, you don't have many options.

Recommendations:

a. Find a place to park the bike off the property for the remainder of the lease. Parking garage or street, it's a simple solution. If that's not possible or advisable in your neighborhood, consider selling the vehicle.

b. Don't spend time and money looking for legal loopholes. You're bound by the terms of the lease. The owner is bound by the condo rules and regulations. The association board can't (and shouldn't) ignore their own condo docs without being subjected to the wrath of the owners.