Empathy List Archives

CR

Carlos R. Arias

Mon, Jan 6, 2014 4:01 PM

I have an HOA client who has discovered a squatter living in an abandoned home. Fortunately, we have been able to contact the long lost owner who is willing to work with the association to remove the squatter, but the owner does not want to be directly involved or incur any expenses.

Can the owner assign the HOA the right to file an Unlawful Entry and Unlawful Detainer action to remove the squatter? If so, has anyone drafted such an assignment?

Best regards,

Carlos R. Arias
Clayton & McCulloh
1065 Maitland Center Commons Blvd.
Maitland, Florida 32751
Tel: (407)-875-2655
Fax: (407)-875-3363
Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com http://www.clayton-mcculloh.com/ and click on the "Online Payments" tab.
In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose.

The information contained in this e-mail (including any attachments) message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message.
DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA STATUTES SECTION 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually affixed original signatures on original documents.
Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
This e-mail and any attachment(s) are believed to be free from virus. However, it is the responsibility of the recipient to ensure that they are virus free. We do not accept any liability for any loss or damage arising in any way from the receipt, opening or use of this e-mail and any attachment(s).

I have an HOA client who has discovered a squatter living in an abandoned home. Fortunately, we have been able to contact the long lost owner who is willing to work with the association to remove the squatter, but the owner does not want to be directly involved or incur any expenses. Can the owner assign the HOA the right to file an Unlawful Entry and Unlawful Detainer action to remove the squatter? If so, has anyone drafted such an assignment? Best regards, Carlos R. Arias Clayton & McCulloh 1065 Maitland Center Commons Blvd. Maitland, Florida 32751 Tel: (407)-875-2655 Fax: (407)-875-3363 Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com<http://www.clayton-mcculloh.com/> and click on the "Online Payments" tab. In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose. ****************************************************************************** The information contained in this e-mail (including any attachments) message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA STATUTES SECTION 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually affixed original signatures on original documents. Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. This e-mail and any attachment(s) are believed to be free from virus. However, it is the responsibility of the recipient to ensure that they are virus free. We do not accept any liability for any loss or damage arising in any way from the receipt, opening or use of this e-mail and any attachment(s). ******************************************************************************

DA

Dariel Abrahamy

Mon, Jan 6, 2014 9:06 PM

If the owner isn't current on the assessments, one way to do it would be pursuant to 720.3085(7). I realize he is not a tenant, but this is what came to my mind. You could give the squatter notice that he must pay his rent to the association. If he doesn't pay, then you can give him a 3 day notice and pursue eviction in the name of the HOA as plaintiff.

[gm-horizontal-two-color.jpg]
Dariel J. Abrahamy, Esq.
Shareholder
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: 954-491-1120; F: 954-343-6972
Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Carlos R. Arias
Sent: Monday, January 06, 2014 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Removal of Squatter

I have an HOA client who has discovered a squatter living in an abandoned home. Fortunately, we have been able to contact the long lost owner who is willing to work with the association to remove the squatter, but the owner does not want to be directly involved or incur any expenses.

Can the owner assign the HOA the right to file an Unlawful Entry and Unlawful Detainer action to remove the squatter? If so, has anyone drafted such an assignment?

Best regards,

Carlos R. Arias
Clayton & McCulloh
1065 Maitland Center Commons Blvd.
Maitland, Florida 32751
Tel: (407)-875-2655
Fax: (407)-875-3363
Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com http://www.clayton-mcculloh.com/ and click on the "Online Payments" tab.
In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose.

The information contained in this e-mail (including any attachments) message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message.
DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA STATUTES SECTION 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually affixed original signatures on original documents.
Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
This e-mail and any attachment(s) are believed to be free from virus. However, it is the responsibility of the recipient to ensure that they are virus free. We do not accept any liability for any loss or damage arising in any way from the receipt, opening or use of this e-mail and any attachment(s).

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

If the owner isn't current on the assessments, one way to do it would be pursuant to 720.3085(7). I realize he is not a tenant, but this is what came to my mind. You could give the squatter notice that he must pay his rent to the association. If he doesn't pay, then you can give him a 3 day notice and pursue eviction in the name of the HOA as plaintiff. [gm-horizontal-two-color.jpg] Dariel J. Abrahamy, Esq. Shareholder 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: 954-491-1120; F: 954-343-6972 Dariel.Abrahamy@gmlaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Carlos R. Arias Sent: Monday, January 06, 2014 11:02 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Removal of Squatter I have an HOA client who has discovered a squatter living in an abandoned home. Fortunately, we have been able to contact the long lost owner who is willing to work with the association to remove the squatter, but the owner does not want to be directly involved or incur any expenses. Can the owner assign the HOA the right to file an Unlawful Entry and Unlawful Detainer action to remove the squatter? If so, has anyone drafted such an assignment? Best regards, Carlos R. Arias Clayton & McCulloh 1065 Maitland Center Commons Blvd. Maitland, Florida 32751 Tel: (407)-875-2655 Fax: (407)-875-3363 Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com<http://www.clayton-mcculloh.com/> and click on the "Online Payments" tab. In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose. ****************************************************************************** The information contained in this e-mail (including any attachments) message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA STATUTES SECTION 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually affixed original signatures on original documents. Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. This e-mail and any attachment(s) are believed to be free from virus. However, it is the responsibility of the recipient to ensure that they are virus free. We do not accept any liability for any loss or damage arising in any way from the receipt, opening or use of this e-mail and any attachment(s). ****************************************************************************** The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

HW

Heist, Weisse & Wolk

Mon, Jan 6, 2014 9:07 PM

A squatter does not pay rent. There is no landlord/tenant relationship.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy
Sent: Monday, January 06, 2014 4:06 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Removal of Squatter

If the owner isn't current on the assessments, one way to do it would be
pursuant to 720.3085(7). I realize he is not a tenant, but this is what
came to my mind. You could give the squatter notice that he must pay his
rent to the association. If he doesn't pay, then you can give him a 3 day
notice and pursue eviction in the name of the HOA as plaintiff.

gm-horizontal-two-color.jpg

Dariel J. Abrahamy, Esq.

Shareholder

100 W. Cypress Creek Road, Suite 700

Fort Lauderdale, FL 33309

P: 954-491-1120; F: 954-343-6972

Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Carlos R. Arias
Sent: Monday, January 06, 2014 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Removal of Squatter

I have an HOA client who has discovered a squatter living in an abandoned
home. Fortunately, we have been able to contact the long lost owner who is
willing to work with the association to remove the squatter, but the owner
does not want to be directly involved or incur any expenses.

Can the owner assign the HOA the right to file an Unlawful Entry and
Unlawful Detainer action to remove the squatter? If so, has anyone drafted
such an assignment?

Best regards,

Carlos R. Arias

Clayton & McCulloh

1065 Maitland Center Commons Blvd.

Maitland, Florida 32751

Tel: (407)-875-2655

Fax: (407)-875-3363

Clayton & McCulloh now accepts credit cards. Please go to
www.clayton-mcculloh.com http://www.clayton-mcculloh.com/ and click on
the "Online Payments" tab.

In compliance with the Fair Debt Collection Practices Act, please be advised
that this law firm is acting as a debt collector and that the above
mentioned may be attempting to collect a debt and any information provided
will be used for that purpose.

**

The information contained in this e-mail (including any attachments) message
is attorney privileged and confidential information intended only for the
use of the individual(s) named above. If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictly prohibited. If you
have received this communication in error, please contact the sender by
reply E-mail and destroy all copies of the original message.

DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA
STATUTES SECTION 668.50): If this communication concerns negotiation of a
contract or agreement, UETA does not apply to this communication. Contract
formation in this matter shall occur only with manually affixed original
signatures on original documents.

Pursuant to the requirements of Internal Revenue Service Circular 230, we
advise you that any federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of: (1) avoiding penalties that may be
imposed under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed in this
communication.

This e-mail and any attachment(s) are believed to be free from virus.
However, it is the responsibility of the recipient to ensure that they are
virus free. We do not accept any liability for any loss or damage arising in
any way from the receipt, opening or use of this e-mail and any
attachment(s).

**

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have
received this communication in error, please notify us immediately by reply
e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any
information you provide will be used for that purpose if we are attempting
to collect a debt from you.

A squatter does not pay rent. There is no landlord/tenant relationship. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy Sent: Monday, January 06, 2014 4:06 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Removal of Squatter If the owner isn't current on the assessments, one way to do it would be pursuant to 720.3085(7). I realize he is not a tenant, but this is what came to my mind. You could give the squatter notice that he must pay his rent to the association. If he doesn't pay, then you can give him a 3 day notice and pursue eviction in the name of the HOA as plaintiff. gm-horizontal-two-color.jpg Dariel J. Abrahamy, Esq. Shareholder 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: 954-491-1120; F: 954-343-6972 Dariel.Abrahamy@gmlaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Carlos R. Arias Sent: Monday, January 06, 2014 11:02 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Removal of Squatter I have an HOA client who has discovered a squatter living in an abandoned home. Fortunately, we have been able to contact the long lost owner who is willing to work with the association to remove the squatter, but the owner does not want to be directly involved or incur any expenses. Can the owner assign the HOA the right to file an Unlawful Entry and Unlawful Detainer action to remove the squatter? If so, has anyone drafted such an assignment? Best regards, Carlos R. Arias Clayton & McCulloh 1065 Maitland Center Commons Blvd. Maitland, Florida 32751 Tel: (407)-875-2655 Fax: (407)-875-3363 Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com <http://www.clayton-mcculloh.com/> and click on the "Online Payments" tab. In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose. **************************************************************************** ** The information contained in this e-mail (including any attachments) message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA STATUTES SECTION 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually affixed original signatures on original documents. Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. This e-mail and any attachment(s) are believed to be free from virus. However, it is the responsibility of the recipient to ensure that they are virus free. We do not accept any liability for any loss or damage arising in any way from the receipt, opening or use of this e-mail and any attachment(s). **************************************************************************** ** The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

SW

Steven Wallace

Mon, Jan 6, 2014 9:15 PM

I would assume since it is a "squatter," you would have to file an ejectment
action or unlawful detainer action, not an eviction.

Steven E. Wallace, Esq

Florida Bar Board Certified Real Estate Attorney

1375 Gateway Boulevard

Boynton Beach, Florida 33426

Telephone: (561) 767-4413

Facsimile: (561) 767-4414

Email: wallacelaw1@me.com

Website: www.wallacelawflorida.com http://www.wallacelawflorida.com/

Additional Office in Fort Lauderdale

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse &
Wolk
Sent: Monday, January 06, 2014 4:08 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Removal of Squatter

A squatter does not pay rent. There is no landlord/tenant relationship.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy
Sent: Monday, January 06, 2014 4:06 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Removal of Squatter

If the owner isn't current on the assessments, one way to do it would be
pursuant to 720.3085(7). I realize he is not a tenant, but this is what
came to my mind. You could give the squatter notice that he must pay his
rent to the association. If he doesn't pay, then you can give him a 3 day
notice and pursue eviction in the name of the HOA as plaintiff.

gm-horizontal-two-color.jpg

Dariel J. Abrahamy, Esq.

Shareholder

100 W. Cypress Creek Road, Suite 700

Fort Lauderdale, FL 33309

P: 954-491-1120; F: 954-343-6972

Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Carlos R. Arias
Sent: Monday, January 06, 2014 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Removal of Squatter

I have an HOA client who has discovered a squatter living in an abandoned
home. Fortunately, we have been able to contact the long lost owner who is
willing to work with the association to remove the squatter, but the owner
does not want to be directly involved or incur any expenses.

Can the owner assign the HOA the right to file an Unlawful Entry and
Unlawful Detainer action to remove the squatter? If so, has anyone drafted
such an assignment?

Best regards,

Carlos R. Arias

Clayton & McCulloh

1065 Maitland Center Commons Blvd.

Maitland, Florida 32751

Tel: (407)-875-2655

Fax: (407)-875-3363

Clayton & McCulloh now accepts credit cards. Please go to
www.clayton-mcculloh.com http://www.clayton-mcculloh.com/ and click on
the "Online Payments" tab.

In compliance with the Fair Debt Collection Practices Act, please be advised
that this law firm is acting as a debt collector and that the above
mentioned may be attempting to collect a debt and any information provided
will be used for that purpose.

**

The information contained in this e-mail (including any attachments) message
is attorney privileged and confidential information intended only for the
use of the individual(s) named above. If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictly prohibited. If you
have received this communication in error, please contact the sender by
reply E-mail and destroy all copies of the original message.

DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA
STATUTES SECTION 668.50): If this communication concerns negotiation of a
contract or agreement, UETA does not apply to this communication. Contract
formation in this matter shall occur only with manually affixed original
signatures on original documents.

Pursuant to the requirements of Internal Revenue Service Circular 230, we
advise you that any federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of: (1) avoiding penalties that may be
imposed under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed in this
communication.

This e-mail and any attachment(s) are believed to be free from virus.
However, it is the responsibility of the recipient to ensure that they are
virus free. We do not accept any liability for any loss or damage arising in
any way from the receipt, opening or use of this e-mail and any
attachment(s).

**

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have
received this communication in error, please notify us immediately by reply
e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any
information you provide will be used for that purpose if we are attempting
to collect a debt from you.

I would assume since it is a "squatter," you would have to file an ejectment action or unlawful detainer action, not an eviction. Steven E. Wallace, Esq Florida Bar Board Certified Real Estate Attorney 1375 Gateway Boulevard Boynton Beach, Florida 33426 Telephone: (561) 767-4413 Facsimile: (561) 767-4414 Email: wallacelaw1@me.com Website: www.wallacelawflorida.com <http://www.wallacelawflorida.com/> Additional Office in Fort Lauderdale From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk Sent: Monday, January 06, 2014 4:08 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Removal of Squatter A squatter does not pay rent. There is no landlord/tenant relationship. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy Sent: Monday, January 06, 2014 4:06 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Removal of Squatter If the owner isn't current on the assessments, one way to do it would be pursuant to 720.3085(7). I realize he is not a tenant, but this is what came to my mind. You could give the squatter notice that he must pay his rent to the association. If he doesn't pay, then you can give him a 3 day notice and pursue eviction in the name of the HOA as plaintiff. gm-horizontal-two-color.jpg Dariel J. Abrahamy, Esq. Shareholder 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: 954-491-1120; F: 954-343-6972 Dariel.Abrahamy@gmlaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Carlos R. Arias Sent: Monday, January 06, 2014 11:02 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Removal of Squatter I have an HOA client who has discovered a squatter living in an abandoned home. Fortunately, we have been able to contact the long lost owner who is willing to work with the association to remove the squatter, but the owner does not want to be directly involved or incur any expenses. Can the owner assign the HOA the right to file an Unlawful Entry and Unlawful Detainer action to remove the squatter? If so, has anyone drafted such an assignment? Best regards, Carlos R. Arias Clayton & McCulloh 1065 Maitland Center Commons Blvd. Maitland, Florida 32751 Tel: (407)-875-2655 Fax: (407)-875-3363 Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com <http://www.clayton-mcculloh.com/> and click on the "Online Payments" tab. In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose. **************************************************************************** ** The information contained in this e-mail (including any attachments) message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA STATUTES SECTION 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually affixed original signatures on original documents. Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. This e-mail and any attachment(s) are believed to be free from virus. However, it is the responsibility of the recipient to ensure that they are virus free. We do not accept any liability for any loss or damage arising in any way from the receipt, opening or use of this e-mail and any attachment(s). **************************************************************************** ** The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

CR

Carlos R. Arias

Mon, Jan 6, 2014 9:18 PM

All of these remedies require owner cooperation. However, a power of attorney will not work as the HOA can not act as the agent under a POA. Assuming no BOD or manager wants to act as agent either, W]what are your thoughts on owner assigning his rights to HOA to pursue unlawful detainer in the form of an assignment of rights?

Best regards,

Carlos R. Arias
Clayton & McCulloh
1065 Maitland Center Commons Blvd.
Maitland, Florida 32751
Tel: (407)-875-2655
Fax: (407)-875-3363
Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com http://www.clayton-mcculloh.com/ and click on the "Online Payments" tab.
In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose.

From: Steven Wallace [mailto:wallacelaw1@me.com]
Sent: Monday, January 06, 2014 4:15 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Removal of Squatter

I would assume since it is a "squatter," you would have to file an ejectment action or unlawful detainer action, not an eviction.

Steven E. Wallace, Esq
Florida Bar Board Certified Real Estate Attorney
[cid:image001.jpg@01CF0AFA.DE8A6FB0]
1375 Gateway Boulevard
Boynton Beach, Florida 33426
Telephone: (561) 767-4413
Facsimile: (561) 767-4414
Email: wallacelaw1@me.com mailto:wallacelaw1@me.com
Website: www.wallacelawflorida.com http://www.wallacelawflorida.com/
Additional Office in Fort Lauderdale

[cid:image002.jpg@01CF0AFA.DE8A6FB0]

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Monday, January 06, 2014 4:08 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Removal of Squatter

A squatter does not pay rent. There is no landlord/tenant relationship.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy
Sent: Monday, January 06, 2014 4:06 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Removal of Squatter

If the owner isn't current on the assessments, one way to do it would be pursuant to 720.3085(7). I realize he is not a tenant, but this is what came to my mind. You could give the squatter notice that he must pay his rent to the association. If he doesn't pay, then you can give him a 3 day notice and pursue eviction in the name of the HOA as plaintiff.

[gm-horizontal-two-color.jpg]
Dariel J. Abrahamy, Esq.
Shareholder
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: 954-491-1120; F: 954-343-6972
Dariel.Abrahamy@gmlaw.com mailto:Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Carlos R. Arias
Sent: Monday, January 06, 2014 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Removal of Squatter

I have an HOA client who has discovered a squatter living in an abandoned home. Fortunately, we have been able to contact the long lost owner who is willing to work with the association to remove the squatter, but the owner does not want to be directly involved or incur any expenses.

Can the owner assign the HOA the right to file an Unlawful Entry and Unlawful Detainer action to remove the squatter? If so, has anyone drafted such an assignment?

Best regards,

Carlos R. Arias
Clayton & McCulloh
1065 Maitland Center Commons Blvd.
Maitland, Florida 32751
Tel: (407)-875-2655
Fax: (407)-875-3363
Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com http://www.clayton-mcculloh.com/ and click on the "Online Payments" tab.
In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose.

The information contained in this e-mail (including any attachments) message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message.
DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA STATUTES SECTION 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually affixed original signatures on original documents.
Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
This e-mail and any attachment(s) are believed to be free from virus. However, it is the responsibility of the recipient to ensure that they are virus free. We do not accept any liability for any loss or damage arising in any way from the receipt, opening or use of this e-mail and any attachment(s).

The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have

received this communication in error, please notify us immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it

cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

All of these remedies require owner cooperation. However, a power of attorney will not work as the HOA can not act as the agent under a POA. Assuming no BOD or manager wants to act as agent either, W]what are your thoughts on owner assigning his rights to HOA to pursue unlawful detainer in the form of an assignment of rights? Best regards, Carlos R. Arias Clayton & McCulloh 1065 Maitland Center Commons Blvd. Maitland, Florida 32751 Tel: (407)-875-2655 Fax: (407)-875-3363 Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com<http://www.clayton-mcculloh.com/> and click on the "Online Payments" tab. In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose. From: Steven Wallace [mailto:wallacelaw1@me.com] Sent: Monday, January 06, 2014 4:15 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Removal of Squatter I would assume since it is a "squatter," you would have to file an ejectment action or unlawful detainer action, not an eviction. Steven E. Wallace, Esq Florida Bar Board Certified Real Estate Attorney [cid:image001.jpg@01CF0AFA.DE8A6FB0] 1375 Gateway Boulevard Boynton Beach, Florida 33426 Telephone: (561) 767-4413 Facsimile: (561) 767-4414 Email: wallacelaw1@me.com<mailto:wallacelaw1@me.com> Website: www.wallacelawflorida.com<http://www.wallacelawflorida.com/> Additional Office in Fort Lauderdale [cid:image002.jpg@01CF0AFA.DE8A6FB0] From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk Sent: Monday, January 06, 2014 4:08 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Removal of Squatter A squatter does not pay rent. There is no landlord/tenant relationship. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy Sent: Monday, January 06, 2014 4:06 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Removal of Squatter If the owner isn't current on the assessments, one way to do it would be pursuant to 720.3085(7). I realize he is not a tenant, but this is what came to my mind. You could give the squatter notice that he must pay his rent to the association. If he doesn't pay, then you can give him a 3 day notice and pursue eviction in the name of the HOA as plaintiff. [gm-horizontal-two-color.jpg] Dariel J. Abrahamy, Esq. Shareholder 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: 954-491-1120; F: 954-343-6972 Dariel.Abrahamy@gmlaw.com<mailto:Dariel.Abrahamy@gmlaw.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Carlos R. Arias Sent: Monday, January 06, 2014 11:02 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Removal of Squatter I have an HOA client who has discovered a squatter living in an abandoned home. Fortunately, we have been able to contact the long lost owner who is willing to work with the association to remove the squatter, but the owner does not want to be directly involved or incur any expenses. Can the owner assign the HOA the right to file an Unlawful Entry and Unlawful Detainer action to remove the squatter? If so, has anyone drafted such an assignment? Best regards, Carlos R. Arias Clayton & McCulloh 1065 Maitland Center Commons Blvd. Maitland, Florida 32751 Tel: (407)-875-2655 Fax: (407)-875-3363 Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com<http://www.clayton-mcculloh.com/> and click on the "Online Payments" tab. In compliance with the Fair Debt Collection Practices Act, please be advised that this law firm is acting as a debt collector and that the above mentioned may be attempting to collect a debt and any information provided will be used for that purpose. ****************************************************************************** The information contained in this e-mail (including any attachments) message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA STATUTES SECTION 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually affixed original signatures on original documents. Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. This e-mail and any attachment(s) are believed to be free from virus. However, it is the responsibility of the recipient to ensure that they are virus free. We do not accept any liability for any loss or damage arising in any way from the receipt, opening or use of this e-mail and any attachment(s). ****************************************************************************** The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

AJ

Anthony J. Horky

Mon, Jan 6, 2014 9:21 PM

In my opinion, the HOA should go after the owner since that is who has an
obligation to the HOA. Is the power on? Is the water on? Perhaps this is
a nuisance and public safety issue. If the house is abandoned, perhaps a
call to code enforcement might bring out an inspector who would see the
squatter inside, issue a nuisance citation to the owner, and/or notify local
law enforcement. As for the assignment issue, my thought is that the HOA
might be able to obtain a limited power of attorney from the homeowner, to
bring any action necessary to protect the property, etc. In this case, an
action for unlawful entry and unlawful detainer.

Regards,

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.989.3204

www.horkylaw.com

This message and the documents attached to it, if any, are intended only for
the use of the addressee and may contain information that is attorney-client
privileged or confidential, and/or may contain attorney work product. If
you are not the intended recipient, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this communication in error, please delete all electronic copies of
this message and its attachments, if any, destroy any hard copies you may
have created and notify me immediately at: mailto:ahorky@horkylaw.com
ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse &
Wolk
Sent: Monday, January 06, 2014 4:08 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Removal of Squatter

A squatter does not pay rent. There is no landlord/tenant relationship.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy
Sent: Monday, January 06, 2014 4:06 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Removal of Squatter

If the owner isn't current on the assessments, one way to do it would be
pursuant to 720.3085(7). I realize he is not a tenant, but this is what
came to my mind. You could give the squatter notice that he must pay his
rent to the association. If he doesn't pay, then you can give him a 3 day
notice and pursue eviction in the name of the HOA as plaintiff.

gm-horizontal-two-color.jpg

Dariel J. Abrahamy, Esq.

Shareholder

100 W. Cypress Creek Road, Suite 700

Fort Lauderdale, FL 33309

P: 954-491-1120; F: 954-343-6972

Dariel.Abrahamy@gmlaw.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Carlos R. Arias
Sent: Monday, January 06, 2014 11:02 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Removal of Squatter

I have an HOA client who has discovered a squatter living in an abandoned
home. Fortunately, we have been able to contact the long lost owner who is
willing to work with the association to remove the squatter, but the owner
does not want to be directly involved or incur any expenses.

Can the owner assign the HOA the right to file an Unlawful Entry and
Unlawful Detainer action to remove the squatter? If so, has anyone drafted
such an assignment?

Best regards,

Carlos R. Arias

Clayton & McCulloh

1065 Maitland Center Commons Blvd.

Maitland, Florida 32751

Tel: (407)-875-2655

Fax: (407)-875-3363

Clayton & McCulloh now accepts credit cards. Please go to
www.clayton-mcculloh.com http://www.clayton-mcculloh.com/ and click on
the "Online Payments" tab.

In compliance with the Fair Debt Collection Practices Act, please be advised
that this law firm is acting as a debt collector and that the above
mentioned may be attempting to collect a debt and any information provided
will be used for that purpose.

**

The information contained in this e-mail (including any attachments) message
is attorney privileged and confidential information intended only for the
use of the individual(s) named above. If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictly prohibited. If you
have received this communication in error, please contact the sender by
reply E-mail and destroy all copies of the original message.

DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA
STATUTES SECTION 668.50): If this communication concerns negotiation of a
contract or agreement, UETA does not apply to this communication. Contract
formation in this matter shall occur only with manually affixed original
signatures on original documents.

Pursuant to the requirements of Internal Revenue Service Circular 230, we
advise you that any federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of: (1) avoiding penalties that may be
imposed under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed in this
communication.

This e-mail and any attachment(s) are believed to be free from virus.
However, it is the responsibility of the recipient to ensure that they are
virus free. We do not accept any liability for any loss or damage arising in
any way from the receipt, opening or use of this e-mail and any
attachment(s).

**

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have
received this communication in error, please notify us immediately by reply
e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax advice contained in this written or electronic communication, including
any attachments or enclosures, is not intended or written to be used and it
cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

A portion of our practice involves the collection of debt and any
information you provide will be used for that purpose if we are attempting
to collect a debt from you.

In my opinion, the HOA should go after the owner since that is who has an obligation to the HOA. Is the power on? Is the water on? Perhaps this is a nuisance and public safety issue. If the house is abandoned, perhaps a call to code enforcement might bring out an inspector who would see the squatter inside, issue a nuisance citation to the owner, and/or notify local law enforcement. As for the assignment issue, my thought is that the HOA might be able to obtain a limited power of attorney from the homeowner, to bring any action necessary to protect the property, etc. In this case, an action for unlawful entry and unlawful detainer. Regards, AJH Logo mark Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.989.3204 www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk Sent: Monday, January 06, 2014 4:08 PM To: 'RPPTL Landlord Tenant Committee' Subject: Re: [RPPTL LandTen] Removal of Squatter A squatter does not pay rent. There is no landlord/tenant relationship. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dariel Abrahamy Sent: Monday, January 06, 2014 4:06 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Removal of Squatter If the owner isn't current on the assessments, one way to do it would be pursuant to 720.3085(7). I realize he is not a tenant, but this is what came to my mind. You could give the squatter notice that he must pay his rent to the association. If he doesn't pay, then you can give him a 3 day notice and pursue eviction in the name of the HOA as plaintiff. gm-horizontal-two-color.jpg Dariel J. Abrahamy, Esq. Shareholder 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: 954-491-1120; F: 954-343-6972 Dariel.Abrahamy@gmlaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Carlos R. Arias Sent: Monday, January 06, 2014 11:02 AM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Removal of Squatter I have an HOA client who has discovered a squatter living in an abandoned home. Fortunately, we have been able to contact the long lost owner who is willing to work with the association to remove the squatter, but the owner does not want to be directly involved or incur any expenses. Can the owner assign the HOA the right to file an Unlawful Entry and Unlawful Detainer action to remove the squatter? If so, has anyone drafted such an assignment? Best regards, Carlos R. Arias Clayton & McCulloh 1065 Maitland Center Commons Blvd. Maitland, Florida 32751 Tel: (407)-875-2655 Fax: (407)-875-3363 Clayton & McCulloh now accepts credit cards. Please go to www.clayton-mcculloh.com <http://www.clayton-mcculloh.com/> and click on the "Online Payments" tab. 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[RPPTL LandTen] Removal of Squatter