Issues and Concerns

Posted in: Palma Sola Trace
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  • damayor
  • Respected Neighbor
  • Bradenton, FL
  • 2 Posts
  • Respect-O-Meter: Respected Neighbor

Do we, as an Association, have to resort to a lawsuit to force an owner to produce a one year lease for their rental according to the documents? Can we then require the renter to sign a one year lease, if there isn't one, or force the owner to give his renter a 30 day notice to move?

If it states in the bylaws that rents can only be a one year lease then we can enforce that by denying rents for less than a year. To enforce it , the owner would have to submit the request for renting a a lease that shows one year to a committe apointed by the board..the board then can follow up to make sure the rules are being enforced and can then penalize the owner if they do not rent for a least a year//

Clearly, the bylaws state the minimum lease is 1 year. That is one of the reasons I purchased in PST, thinking I would know my neighbors.

Unfortunately, we have a bylaw that is not followed. The issue is here is no procedure in place requring an owner to submit their request to lease to the PST governing body before they lease the home. Nor is there any enoforcement of the rule.

My question is ..........how do we or someone enforce the rules?

Alan Ekiert

 

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  • damayor
  • Respected Neighbor
  • Bradenton, FL
  • 2 Posts
  • Respect-O-Meter: Respected Neighbor

Al and Marlene,

 Our documents state this or that, should, or should not be done, and then are silent on

how this shall be accomplished, or what the remedy is if an owner refuses to follow proceedure.When the owners control the Association, the Doc's will have to be amended

to provide the steps to be followed when renting their property. Such as background checks, and Board review of the lease. Penalties will have to be put in place for the failure of a landlord to follow the Doc's, such as fines and denial of the use of common elements.

I think weak Doc's are probably the norm on new developments, because the developer does not want be involved in these disputes. However with the protracted length of this turnover, and the number of festering problems that have been allowed to exist without resolution, the developer should realize this could bite him in that part of the anatomy that he sits on.

If owners become so unhappy with their situation that they are willing to sell at a loss to get out of here, that unhappiness could spill over to the buying public.

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