Condo Owner

Volume19 Issue3 2015

Condo Owner publishes information vital to the business and pleasure of resort condominium ownership. Topics covered relate to real estate market trends, community association matters, rental management issues, tax and insurance updates and more.

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condo owner V O L U M E 1 9 • I S S U E 3 30 association matters The bylaws of most condominium associations detail occupancy limits for units to protect owners and their properties—as well as renters themselves. It's a practical bylaw, as most owners don't want the liability associated with large groups occupying their properties. But while bylaws governing occupancy limits may exist, the challenge is determining over occupancy and enforcing the bylaw. Even when the owner or management company is able to identify a problematic situation, the ability to remove unwanted guests can be complicated. Michael Greer, vice president with Royal American Hospitality suggested starting at the beginning. "All parties need to dust off the condo docs and reference them often to main- tain a clear understanding of the property and unit standards," said Greer. "The occupancy per unit size should be clearly defined in the [documents] and, in most cases, is further and more clearly detailed in the rules and regula- tions section." Jay Roberts, an attorney with Becker and Poliakoff, pointed out that there are two differ- ent groups that could potentially adopt and enforce occupancy limits—the rental owner/agent or the condominium association. For owners/agents, he recommended that occupancy limits be clearly stated in the two rental contracts: 1) the contract between the owner and the rental company; and 2) the contract between either the rental company or rental owner and the renter. "Those contract provisions need to recite what the occupancy limits are, and what the penalty will be violating the occupancy lim- its," Roberts explained. Since there is no language related to occu- pancy limits within the Florida Condominium Act, he said that the second group—condo- minium associations—must define the scope of occupancy limits through the governing documents or board-made rules, if the govern- ing documents provide authority for the board to make rules regulating use of a unit. "Due to the case law regarding restrictions contained within the declaration of condo- minium versus restrictions enacted via board- made rule, I always recommend that the declaration be amended to set occupancy lim- Enforcing How To Keep From Having Too Many Heads In Beds By Selena Chavis Occupancy Limits

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