HOA approval for leases

[Onepass]

What is the name of your state (only U.S. law)? FL
Hi,

I am trying to rent my house and I belong to an HOA. The HOA rules state that leases have to be approved before a tenant can move into the house. The specific section is:

Within fifteen (15) days after receipt of all application materials, the Association shall give the Owner notice - electronically or by mail - of approval or disapproval of the lease. The Association's notice will be deemed given when it is sent by the Association, not when it is received by the Owner. If no notice is given by the Association within such fifteen-day time period, the Lease Agreement shall be deemed approved. If the Association disapproves the Lease Agreement, the tenants identified in the Lease Agreement shall not be permitted to occupy the Home.

The Property Manager has confirmed that they did receive all application materials. My question is would the 15 days be calendar or business days? The by-laws do not define what a "day" is. I'm trying to make sure I track this correctly.

Thanks!

 

[LdiJ]

What is the name of your state (only U.S. law)? FL
Hi,

I am trying to rent my house and I belong to an HOA. The HOA rules state that leases have to be approved before a tenant can move into the house. The specific section is:

Within fifteen (15) days after receipt of all application materials, the Association shall give the Owner notice - electronically or by mail - of approval or disapproval of the lease. The Association's notice will be deemed given when it is sent by the Association, not when it is received by the Owner. If no notice is given by the Association within such fifteen-day time period, the Lease Agreement shall be deemed approved. If the Association disapproves the Lease Agreement, the tenants identified in the Lease Agreement shall not be permitted to occupy the Home.

The Property Manager has confirmed that they did receive all application materials. My question is would the 15 days be calendar or business days? The by-laws do not define what a "day" is. I'm trying to make sure I track this correctly.

Thanks!

When a document says "days" without specifying business days, it generally would default to actual days.

 

[AlmostALawyer]

The Property Manager has confirmed that they did receive all application materials. My question is would the 15 days be calendar or business days? The by-laws do not define what a "day" is. I'm trying to make sure I track this correctly.

Thanks!

Absent the agreement explicitly using the term "business days," I would interpret the provision as calendar days.

 

[Zigner]

This is from another thread started on the same topic:

What is the name of your state (only U.S. law)? Florida

Hi,
I opened a previous post about the HOA approving my lease and the prospective tenants; the HOA did not provide approval within the timeframe stated in the by-laws. The prospective tenants couldn’t continue to wait and have decided to not move forward with the lease; the approval was just provided on June 20th and the HOA had the paperwork on June 3rd. Now, I will lose the tenants that were supposed to move in on July 1st and the $1050.00 rent. What is the liability when the HOA doesn’t follow the by-laws, can I recover my lost rent until I can find a new tenant?

Note:
The prospective tenant paid $100 application fee, so this wasn’t someone just applying at different places.
The lease was not signed, since the prospective tenant needed to be approved, they didn’t want to sign a lease and be liable, if the approval was not provided.

The problem is that the application was deemed approved per the bylaws. Because of that, you have no case against the HOA.

 

[justalayman]

yeppers:

If no notice is given by the Association within such fifteen-day time period, the Lease Agreement shall be deemed approved

so, no notice; lease was approved. This appears to be your misunderstanding.

 

[Onepass]

This is from another thread started on the same topic:



The problem is that the application was deemed approved per the bylaws. Because of that, you have no case against the HOA.

How does the failure to meet the timeline for the approval, stated in the by-laws, impact this? If I miss a deadline for my dues, I could face a fine. Is an HOA treated differently for missing its deadline requirements?

 

[Onepass]

yeppers:



so, no notice; lease was approved. This appears to be your misunderstanding.

I found out that the approval is required. The tenant would not be given access through the security gates without the approval.

 

[justalayman]

How does the failure to meet the timeline for the approval, stated in the by-laws, impact this? If I miss a deadline for my dues, I could face a fine. Is an HOA treated differently for missing its deadline requirements?

because there is a provision that if you are not given an approval or denial within the time stated, it is considered to be approved.


they didn't miss the deadline. As of the 15th day after they received the application, if they did not send you anything, it was approved. That means the lease was approved 2 days before you were given official notice.

 

[justalayman]

I found out that the approval is required. The tenant would not be given access through the security gates without the approval.

so you are now going to argue the rules of the HOA are not valid? Seriously, they can say it has to be approved but the rules you provided say if they do not approve or deny within 15 days, it is automatically approved. Whether you would have to take legal action to enforce that rule is a different issue but the rule is the rule.

 

[justalayman]

I found out that the approval is required. The tenant would not be given access through the security gates without the approval.

let me rephrase my last post a bit:


if you are not given notice within the 15 days, this applies:

If no notice is given by the Association within such fifteen-day time period, the Lease Agreement shall be deemed approved.

so yes, I agree with you that if the lease is not approved they can refuse to provide whatever for the gate. The problem is; yours was approved as of the 18th (the 15th day) since they did not give you any notice to the contrary.

 

[Onepass]

let me rephrase my last post a bit:


if you are not given notice within the 15 days, this applies:




so yes, I agree with you that if the lease is not approved they can refuse to provide whatever for the gate. The problem is; yours was approved as of the 18th (the 15th day) since they did not give you any notice to the contrary.

Ok - then maybe I’m not asking the right question. I agree that based on the by-laws the tenant was approved, but that is not what happened. The CDD manager who provides the access to the property’s security gate, clubhouse, pool, and fitness center would not provide that access until they received actual approval, which she stated was a requirement from the HOA. So, this was different than what the by-laws stated.
So, while the tenant is approved, they are being prevented from the access they should be entitled to and decided not to move forward with signing the lease and I will lose the rent for July, possibly longer. Is the HOA or CDD liable for the lost rent?

 

[justalayman]

Nobody was denied anything here. The lease was approved both due to the passage of time and by official notice prior to the date the possession was scheduled to start so what is the issue?

Your tenant had no legal right to access any of the amenities you listed until they were given possession of the unit so really, just what are you arguing they were not given?

As with being able to act based upon the approval based on the passage of time: that was a legally enforceable approval so whether you would have had to get somebody from the HOA to issue a
Formal notice or you would have to seek issuing of the security passes
Or allow usage of the amenities through other means is a moot issue since the date they would have had a legal right to them has not come yet nor ever will since you never signed a lease with them.


Oh ya, since there was no lease signed, ya got nothing anyway. Everything was in place, except for the lease, for them to take possession and be afforded all the rights associated with that lease but since there is no lease, well, ya got nothin'

 

[LdiJ]

Nobody was denied anything here. The lease was approved both due to the passage of time and by official notice prior to the date the possession was scheduled to start so what is the issue?

Your tenant had no legal right to access any of the amenities you listed until they were given possession of the unit so really, just what are you arguing they were not given?

As with being able to act based upon the approval based on the passage of time: that was a legally enforceable approval so whether you would have had to get somebody from the HOA to issue a
Formal notice or you would have to seek issuing of the security passes
Or allow usage of the amenities through other means is a moot issue since the date they would have had a legal right to them has not come yet nor ever will since you never signed a lease with them.


Oh ya, since there was no lease signed, ya got nothing anyway. Everything was in place, except for the lease, for them to take possession and be afforded all the rights associated with that lease but since there is no lease, well, ya got nothin'

I may be wrong but it sounds like this is a gated community, so it sounds like the prospective tenant wouldn't have been able to get into the property at all to access the residence.

 

[justalayman]

I may be wrong but it sounds like this is a gated community, so it sounds like the prospective tenant wouldn't have been able to get into the property at all to access the residence.

What residence? There was never a lease signed so he has no right to enter at all. If there was a lease that allowed possession as of July 1, then he would not be entitled to the security passes until July 1, which is still a week away.

This is one of those issues that can never be answered because the time he was allowed access will never get here. If he was not given whatever access his tenancy allowed on July 1, then the op would have a valid complaint

 

[Onepass]

What residence? There was never a lease signed so he has no right to enter at all. If there was a lease that allowed possession as of July 1, then he would not be entitled to the security passes until July 1, which is still a week away.

This is one of those issues that can never be answered because the time he was allowed access will never get here. If he was not given whatever access his tenancy allowed on July 1, then the op would have a valid complaint

ok - thank you. I'm just struggling because I can't get a lease signed without the all the approvals and the tenants couldn't wait - they needed to know that they would have a place to move into on the 1st and I need the rental income.