Resources

Q: What is Eminent Domain? A: “Eminent Domain” is currently defined as the power of the nation or a sovereign state to take or to authorize the taking of private property for public use without the owner’s consent, conditioned on the payment of just compensation. The term generally refers to […]

Q: What is an assessment? A: As defined by Chapter 718 of the Florida Statutes, “assessment” is a share of the funds which are required for the payment of common expenses, which are occasionally assessed against the unit owner. Source: Fla. Stat. § 718.103(1). Q: What is the difference between […]

Q: What is considered a board meeting? A: A condominium board meeting is defined as any gathering of the members of the board of directors, at which a quorum of the members is present, for the purpose of conducting association business. This could include a dinner where board members have […]

Q: Does a renter have the same rights in using the common elements as a unit owner? A: Yes. When a unit is leased, the tenant shall have all use rights of the association property and common elements that otherwise would be available for use by unit owners. Source: Fla. […]

 Q: Is the association required to maintain official records? A: The official records of the association must be maintained within the state for at least 7 years.  As of January 1, 2019, an association managing a condominium with 150 or more units shall post digital copies of many of the official records on […]

Q: What laws and documents affect condominiums? A: Condominiums are affected by Florida Statutes, Florida Administrative Code, the declaration of condominium, the articles of incorporation, the bylaws of the association, and the rules and regulations promulgated by the condo board. Q: What section of the Florida Statutes applies to condominiums? […]

Q: What is the landlord’s lien for rent ? A: Section 83.08, Florida Statutes, provides that a landlord has a lien for unpaid rent upon the tenant’s personal property. The lien is upon all agricultural products raised on the rented property, upon all other property of the tenant “usually kept […]

Q: Does a tenant have recourse against a landlord that removes the tenant without legal process? A: Possibly. If the landlord takes possession from the tenant without legal process, the tenant may bring an action for unlawful entry and detainer. It is irrelevant to such action that the tenant’s possession […]

Q: Is a tenant liable for breach of contract for “going dark?” A: Yes, in some circumstances. A tenant will be liable to the landlord for “going dark” if the lease expressly or impliedly includes a covenant of continuous operation. Assuming there is no such express provision in the lease, […]

Q: Under Florida law, is an oral lease enforceable? A: Yes, as a tenancy at will. However, Florida’s Statute of Frauds law provides that a lease for longer than one year must be in writing to be enforceable. Nonetheless, an oral lease that is payable monthly is a month-to-month tenancy […]