Q&A: After the Floods

Strong stream of water pours into the tub. Water pours out. Tub overflows. Close up

Q. I own and sublet a condo to a renter. Recently, the apartment flooded twice: once when the renter, who is ill, had left the water on by mistake. The second time seems due to plumbing issues that I am responsible for, and which are being repaired. To my knowledge, there wasn’t any damage to adjoining units either time, but the condo board now refuses to approve my renter’s 2022 lease. Do I have any recourse to delay or appeal their decision? I am less concerned about my loss of income than I am about forcing someone who has significant medical problems to move immediately, especially while the pandemic continues.

                              —Defending My Renter

A. “The governing documents of an association set out the covenants and restrictions that both the owners and the board of directors are obligated to follow,” says Rachel Frydman, partner at Rachel E. Frydman, PA, in Boca Raton. “Within these documents will be any and all powers of the association to approve or deny a renter and/or renewal of a lease. An association could have a right to deny a renewal if an owner has a tenant that continues to violate the documents or continues to cause a nuisance, after repeated request for compliance. It is important to know what your governing documents say with respect to this type of situation. Check with an attorney if you are not sure how to interpret the language.”

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Comments

  • Hi, I own a condo and we have an HOA. Our buildings had some damage from the Ian hurricane. Also after the original completion of the complex ( 10 buildings, 8 units in each, clubhouse, pool, tennis courts) carports were built. There weren't enough carport slots for every owner and they were sold and deeded separately to those that bought one. The insurance for these carports is paid by all owners via our HOA fee. $14k a year. They had considerable damage in the hurricane and the deductibles will have to be paid, again via money from all owners in the complex. Since these carport slots were sold and deeded to the individual buyers, it doesn't seem fair that non carport owners should have to pay all the expenses of insurance and all the deductible costs. Everything else in our complex is group owned and paid for through our HOA fees and benefits every owner. Is this legal? Thank you