I have not had this problem before.  I represent the landlord in a
residential eviction in a gated community.  After the tenant was removed
the property manager told me that they cannot place the personal property
on the curb because it will be a violation of the HOA rules.  She wanted to
know if the property could be dumped on the curb outside of the community.
My answer was no, the home owner/landlord has no right to place the
property by the curb outside of the HOA community gates.  After thinking
about it I am not sure what the right answer is.  Any insight?

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
Estate Litigation

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Dennis

I have this problem all the time.  It’s choice of the lesser of two evils.

While the statute says “property line” and a strict construction would be the homeowner property line, it is neither realistic nor in furtherance of the statute’s intent. Since the tenant after writ no longer has any right to possession, he is a trespasser on the homeowner’s property.  The statutory intent is to allow the tenant to recover his possessions without trespass.  It further frustrates the statutory intent to place the tenant’s possessions at the homeowner’s property line within a gated community to which the tenant can no longer gain access.  The homeowner is going to be in violation of the HOA Decs no matter what he does – his property line or outside the gates by the street at the HOA property line.  So the lesser evil in my opinion is the HOA property line somewhere next to public access by not right by the entrance.  No sense intestinally aggravating the HOA by putting it next to the entrance way.  It’s common area so the homeowner isn’t trespassing on HOA property.  The HOA will issue the owner a violation notice with a cure period.  The homeowner only has to leave the possessions overnight.  The next morning the possessions are abandoned property.  He can remove them from the street to the dumpster the next morning.  He will have cured before he even gets the violation notice.

Mike

Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
mike@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Thursday, December 03, 2015 7:32 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Removing personal property from home

I have not had this problem before.  I represent the landlord in a residential eviction in a gated community.  After the tenant was removed the property manager told me that they cannot place the personal property on the curb because it will be a violation of the HOA rules.  She wanted to know if the property could be dumped on the curb outside of the community.  My answer was no, the home owner/landlord has no right to place the property by the curb outside of the HOA community gates.  After thinking about it I am not sure what the right answer is.  Any insight?

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:  (407) 392-1872
dennis@chenlaw.netmailto:dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation
CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.