Owner not following building bylaws and renting via Airbnb. What can the board do to stop this? Renting is not allowed.

Real Estate 4 views 3 answers
Letters have been sent via property management company. At first he denied, once caught, he stated financial problems. The board expressed that short term renting was not only against the building's bylaws but also illegal according to city law. The board has found evidence of owner posting his short term renting on airbnb.

Attorney Answers

3
Jonathan Klurfeld ·
The association can file an injunction against the owner which will be a client order stating he cannot rent. If he does he can be held in contempt and/or put in jail until he decides to follow the rules.
0 upvotes
Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
If this is a condominium, the association can file for arbitration before the Dept. of Business and Professional Regulation (DBPR) which is a less expensive process. It is actually required under the statute before proceeding to court. DBPR can order the owner to stop renting. First, the COA needs send him a certified letter to cease and desist or the COA will seek arbitration before DBPR pursuant to Fla. Stat. 718.1255. If this is a homeowners association, then the HOA would need to file for pre-suit mediation first. The association needs a lawyer either way. These processes are very procedural and one misstep could mean not only losing the case, but being liable for the other parties attorney's fees.
0 upvotes
L Ramunno ·
well, I guess they can sue, but is it worth it, if this is occurring in florida, they can consult a fl attorney
0 upvotes

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