[RPPTL LandTen] HOA authority to deny lease renewal
Hello members. I received a call today from a residential landlord who
received notice from his HOA's property manager that the HOA would not give
approval of a lease renewal citing, albeit vaguely, some "issues" with the
tenant. There are no specifics. The HOA docs do not address the grounds
for refusal to approve a lease or provide any measure to determine whether
an HOA can arbitrarily choose not to approve a lease. It seems that the
owner has a right-to lease-but that this right, which includes a financial
interest, can be terminated by the HOA.
Can anyone opine on whether an owner has any rights to question the HOA's
decision? Can an HOA arbitrarily decide not to allow an owner to lease
their property or must there be specific, objective reasons? Thank you.
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: 561.952.0096
http://www.horkylaw.com www.horkylaw.com
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Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.
Associations are out of control and they do this to discriminate against
protected classes.
Something needs to be done to stop this.
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Friday, January 23, 2015 4:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] HOA authority to deny lease renewal
Hello members. I received a call today from a residential landlord who
received notice from his HOA's property manager that the HOA would not give
approval of a lease renewal citing, albeit vaguely, some "issues" with the
tenant. There are no specifics. The HOA docs do not address the grounds
for refusal to approve a lease or provide any measure to determine whether
an HOA can arbitrarily choose not to approve a lease. It seems that the
owner has a right-to lease-but that this right, which includes a financial
interest, can be terminated by the HOA.
Can anyone opine on whether an owner has any rights to question the HOA's
decision? Can an HOA arbitrarily decide not to allow an owner to lease
their property or must there be specific, objective reasons? Thank you.
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: 561.952.0096
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.
I've had one association decline to approve four different tenants and one
Buyer and never provide an explanation despite the fact that their own
condo docs require them to issue a "Certificate of Disapproval". My client
is deciding whether to proceed to litigation.
Sebastian Jaramillo, Esq.
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 373-2800 Fax: (305) 373-0505
www.lawjb.com
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On Mon, Jan 26, 2015 at 10:30 AM, Harry Heist harry@evict.com wrote:
Associations are out of control and they do this to discriminate against
protected classes.
Something needs to be done to stop this.
Harry
*LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428
<1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
the Property Management Professional"Website: *www.evict.com
http://www.evict.com/
- Email: *harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Anthony J. Horky
Sent: Friday, January 23, 2015 4:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] HOA authority to deny lease renewal
Hello members. I received a call today from a residential landlord who
received notice from his HOA’s property manager that the HOA would not
give approval of a lease renewal citing, albeit vaguely, some “issues” with
the tenant. There are no specifics. The HOA docs do not address the
grounds for refusal to approve a lease or provide any measure to determine
whether an HOA can arbitrarily choose not to approve a lease. It seems
that the owner has a right—to lease—but that this right, which includes a
financial interest, can be terminated by the HOA.
Can anyone opine on whether an owner has any rights to question the HOA’s
decision? Can an HOA arbitrarily decide not to allow an owner to lease
their property or must there be specific, objective reasons? Thank you.
Regards,
[image: 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: 561.952.0096
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:
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.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I have also had many clients with similar problems. Harry it right, associations are totally out of control, it's an epidemic. They misuse their power for personal vendettas and just to discriminate against landlords, despite the fact that the community allows for rentals.
To answer the question, unfortunately, if the documents allow for it, then I don't believe the owner has any right to fight it. Common sense would say that they need to provide a reason, but unfortunately, common sense does not seems to prevail when dealing with associations.
Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: Harry Heist harry@evict.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Monday, January 26, 2015 10:30 AM
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
#yiv0132063802 #yiv0132063802 -- _filtered #yiv0132063802 {font-family:Calibri;panose-1:2 15 5 2 2 2 4 3 2 4;} _filtered #yiv0132063802 {font-family:Tahoma;panose-1:2 11 6 4 3 5 4 4 2 4;}#yiv0132063802 #yiv0132063802 p.yiv0132063802MsoNormal, #yiv0132063802 li.yiv0132063802MsoNormal, #yiv0132063802 div.yiv0132063802MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:11.0pt;}#yiv0132063802 a:link, #yiv0132063802 span.yiv0132063802MsoHyperlink {color:blue;text-decoration:underline;}#yiv0132063802 a:visited, #yiv0132063802 span.yiv0132063802MsoHyperlinkFollowed {color:purple;text-decoration:underline;}#yiv0132063802 p.yiv0132063802MsoAcetate, #yiv0132063802 li.yiv0132063802MsoAcetate, #yiv0132063802 div.yiv0132063802MsoAcetate {margin:0in;margin-bottom:.0001pt;font-size:8.0pt;}#yiv0132063802 span.yiv0132063802EmailStyle17 {color:black;}#yiv0132063802 span.yiv0132063802EmailStyle18 {color:#1F497D;}#yiv0132063802 span.yiv0132063802BalloonTextChar {}#yiv0132063802 .yiv0132063802MsoChpDefault {font-size:10.0pt;} _filtered #yiv0132063802 {margin:1.0in 1.0in 1.0in 1.0in;}#yiv0132063802 div.yiv0132063802WordSection1 {}#yiv0132063802 Associations are out of control and they do this to discriminate against protected classes. Something needs to be done to stop this. 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
Email: harry@evict.com
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Visit us on Facebook |
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Friday, January 23, 2015 4:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] HOA authority to deny lease renewal Hello members. I received a call today from a residential landlord who received notice from his HOA’s property manager that the HOA would not give approval of a lease renewal citing, albeit vaguely, some “issues” with the tenant. There are no specifics. The HOA docs do not address the grounds for refusal to approve a lease or provide any measure to determine whether an HOA can arbitrarily choose not to approve a lease. It seems that the owner has a right—to lease—but that this right, which includes a financial interest, can be terminated by the HOA. Can anyone opine on whether an owner has any rights to question the HOA’s decision? Can an HOA arbitrarily decide not to allow an owner to lease their property or must there be specific, objective reasons? Thank you. Regards,
| | Anthony J. Horky, EsquireAnthony J. Horky, P.A.2255 Glades Road, Suite 324ABoca Raton, Florida 33431T: 561.989.3206F: 561.952.0096 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: 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.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
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Under the Fair Credit Reporting Act and the Equal Credit Opportunity Act (depending on the facts) the HOA must give you a denial letter which must contain where the HOA obtained the information and where the information may be disputed. It is no different than applying for a credit card. If they pull a credit report they must send a denial letter which you can dispute. There must be a “meaningful” investigation by the reporting agency. Also, (I am testing my memory) there are two types of credit reports, one that just reports information that is supplied by furnishers and one where an investigation is conducted, the latter has a much higher standard for reporting pursuant to the FCRA.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, January 26, 2015 10:54 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
I have also had many clients with similar problems. Harry it right, associations are totally out of control, it's an epidemic. They misuse their power for personal vendettas and just to discriminate against landlords, despite the fact that the community allows for rentals.
To answer the question, unfortunately, if the documents allow for it, then I don't believe the owner has any right to fight it. Common sense would say that they need to provide a reason, but unfortunately, common sense does not seems to prevail when dealing with associations.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: Harry Heist <harry@evict.commailto:harry@evict.com>
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Sent: Monday, January 26, 2015 10:30 AM
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
Associations are out of control and they do this to discriminate against protected classes.
Something needs to be done to stop this.
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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image001.png@01D03962.6460FB40]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Friday, January 23, 2015 4:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] HOA authority to deny lease renewal
Hello members. I received a call today from a residential landlord who received notice from his HOA’s property manager that the HOA would not give approval of a lease renewal citing, albeit vaguely, some “issues” with the tenant. There are no specifics. The HOA docs do not address the grounds for refusal to approve a lease or provide any measure to determine whether an HOA can arbitrarily choose not to approve a lease. It seems that the owner has a right—to lease—but that this right, which includes a financial interest, can be terminated by the HOA.
Can anyone opine on whether an owner has any rights to question the HOA’s decision? Can an HOA arbitrarily decide not to allow an owner to lease their property or must there be specific, objective reasons? Thank you.
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: 561.952.0096
www.horkylaw.comhttp://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: ahorky@horkylaw.commailto: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.
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Leonard,
This is only for credit related issues.
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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 Leonard Cabral
Sent: Monday, January 26, 2015 12:24 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
Under the Fair Credit Reporting Act and the Equal Credit Opportunity Act (depending on the facts) the HOA must give you a denial letter which must contain where the HOA obtained the information and where the information may be disputed. It is no different than applying for a credit card. If they pull a credit report they must send a denial letter which you can dispute. There must be a “meaningful” investigation by the reporting agency. Also, (I am testing my memory) there are two types of credit reports, one that just reports information that is supplied by furnishers and one where an investigation is conducted, the latter has a much higher standard for reporting pursuant to the FCRA.
Leonard P. Cabral, Esq.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, January 26, 2015 10:54 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
I have also had many clients with similar problems. Harry it right, associations are totally out of control, it's an epidemic. They misuse their power for personal vendettas and just to discriminate against landlords, despite the fact that the community allows for rentals.
To answer the question, unfortunately, if the documents allow for it, then I don't believe the owner has any right to fight it. Common sense would say that they need to provide a reason, but unfortunately, common sense does not seems to prevail when dealing with associations.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: Harry Heist harry@evict.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Monday, January 26, 2015 10:30 AM
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
Associations are out of control and they do this to discriminate against protected classes.
Something needs to be done to stop this.
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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Friday, January 23, 2015 4:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] HOA authority to deny lease renewal
Hello members. I received a call today from a residential landlord who received notice from his HOA’s property manager that the HOA would not give approval of a lease renewal citing, albeit vaguely, some “issues” with the tenant. There are no specifics. The HOA docs do not address the grounds for refusal to approve a lease or provide any measure to determine whether an HOA can arbitrarily choose not to approve a lease. It seems that the owner has a right—to lease—but that this right, which includes a financial interest, can be terminated by the HOA.
Can anyone opine on whether an owner has any rights to question the HOA’s decision? Can an HOA arbitrarily decide not to allow an owner to lease their property or must there be specific, objective reasons? Thank you.
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: 561.952.0096
www.horkylaw.com http://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.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
If anyone thinks HOA's are doing this to discriminate against protected classes call David Bodie of the Fair Housing Continuum, Inc. Melbourne, FL 32935-7200 (321) 757-3532. He is a great resource for Fair Housing Act litigation.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, January 26, 2015 10:30 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
Associations are out of control and they do this to discriminate against protected classes.
Something needs to be done to stop this.
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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Friday, January 23, 2015 4:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] HOA authority to deny lease renewal
Hello members. I received a call today from a residential landlord who received notice from his HOA's property manager that the HOA would not give approval of a lease renewal citing, albeit vaguely, some "issues" with the tenant. There are no specifics. The HOA docs do not address the grounds for refusal to approve a lease or provide any measure to determine whether an HOA can arbitrarily choose not to approve a lease. It seems that the owner has a right-to lease-but that this right, which includes a financial interest, can be terminated by the HOA.
Can anyone opine on whether an owner has any rights to question the HOA's decision? Can an HOA arbitrarily decide not to allow an owner to lease their property or must there be specific, objective reasons? Thank you.
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: 561.952.0096
www.horkylaw.comhttp://www.horkylaw.com
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The FCRA also cover employers that pull credit reports for employment issues, insurance companies with insurance issues and in every case where a credit report (which is the wrong terminology) is pulled or a “tenant report” is pulled on a potential tenant. I guess I would have to know what is the reason an application is taken by an HOA and what is the criteria for a tenant to occupy a unit within in the HOA. Since I am the consumer guru in this group I may be interested in doing the research. I also have close ties the Len Bennett, one of the top FCRA litigators in the country.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, January 26, 2015 12:28 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
Leonard,
This is only for credit related issues.
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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, January 26, 2015 12:24 PM
To: Cary Sabol; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
Under the Fair Credit Reporting Act and the Equal Credit Opportunity Act (depending on the facts) the HOA must give you a denial letter which must contain where the HOA obtained the information and where the information may be disputed. It is no different than applying for a credit card. If they pull a credit report they must send a denial letter which you can dispute. There must be a “meaningful” investigation by the reporting agency. Also, (I am testing my memory) there are two types of credit reports, one that just reports information that is supplied by furnishers and one where an investigation is conducted, the latter has a much higher standard for reporting pursuant to the FCRA.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org]mailto:[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, January 26, 2015 10:54 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
I have also had many clients with similar problems. Harry it right, associations are totally out of control, it's an epidemic. They misuse their power for personal vendettas and just to discriminate against landlords, despite the fact that the community allows for rentals.
To answer the question, unfortunately, if the documents allow for it, then I don't believe the owner has any right to fight it. Common sense would say that they need to provide a reason, but unfortunately, common sense does not seems to prevail when dealing with associations.
Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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From: Harry Heist <harry@evict.commailto:harry@evict.com>
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Sent: Monday, January 26, 2015 10:30 AM
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal
Associations are out of control and they do this to discriminate against protected classes.
Something needs to be done to stop this.
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.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image001.png@01D0396A.96553EB0]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Friday, January 23, 2015 4:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] HOA authority to deny lease renewal
Hello members. I received a call today from a residential landlord who received notice from his HOA’s property manager that the HOA would not give approval of a lease renewal citing, albeit vaguely, some “issues” with the tenant. There are no specifics. The HOA docs do not address the grounds for refusal to approve a lease or provide any measure to determine whether an HOA can arbitrarily choose not to approve a lease. It seems that the owner has a right—to lease—but that this right, which includes a financial interest, can be terminated by the HOA.
Can anyone opine on whether an owner has any rights to question the HOA’s decision? Can an HOA arbitrarily decide not to allow an owner to lease their property or must there be specific, objective reasons? Thank you.
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: 561.952.0096
www.horkylaw.comhttp://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: ahorky@horkylaw.commailto: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.
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