Re: [RPPTL LandTen] Security Deposits on Condo Rentals
I see it often in Dade county, specially in the higher end properties. As David mentioned this is in addition to security deposit held by landlord, which becomes an issue for some prospective tenants. landlord sometimes will give tenants a break and not hold a security deposit, thinking they are also covered by condo security deposit, but that is not the case, security deposit will be returned to tenant despite landlord's claims. I have seen some landlords put up the secuirty deposit so that the tenant only has to put up one deposit. Of course that has a potential for several pitfalls when the time comes to return the deposit.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)
--- David.Weisman@gmlaw.com wrote:
From: David Weisman <David.Weisman@gmlaw.com>
To: "'lesstevens@earthlink.net'" <lesstevens@earthlink.net>, "'landten@lists.flabarrpptl.org'" <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals
Date: Sat, 16 Apr 2011 15:52:57 -0400
Yes. It was in addition to what Landlord wanted. They claimed it was for move in and move out damage.
David Weisman
From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org>
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org>
Sent: Sat Apr 16 15:38:36 2011
Subject: [RPPTL LandTen] Security Deposits on Condo Rentals
Has anyone run into condominium associations requiring a security deposit from any potential renters for damage to the common areas as a condition to approval a tenant/lease?
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net
______________________________________________________________________________________________________________
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY
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
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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
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_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
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Les,
I’m a little late to the party but just in case you haven’t seen it yet check out 718.112 (2)(i) which provides as follows:
(i) Transfer fees.—No charge shall be made by the association or any body thereof in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless the association is required to approve such transfer and a fee for such approval is provided for in the declaration, articles, or bylaws. Any such fee may be preset, but in no event may such fee exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant. However, if the lease or sublease is a renewal of a lease or sublease with the same lessee or sublessee, no charge shall be made. The foregoing notwithstanding, an association may, if the authority to do so appears in the declaration or bylaws, require that a prospective lessee place a security deposit, in an amount not to exceed the equivalent of 1 month’s rent, into an escrow account maintained by the association. The security deposit shall protect against damages to the common elements or association property. Payment of interest, claims against the deposit, refunds, and disputes under this paragraph shall be handled in the same fashion as provided in part II of chapter 83.
Hope this helps,
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28
LEGAL DISCLAIMER: The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto Cardet
Sent: Saturday, April 16, 2011 8:43 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals
I see it often in Dade county, specially in the higher end properties. As David mentioned this is in addition to security deposit held by landlord, which becomes an issue for some prospective tenants. landlord sometimes will give tenants a break and not hold a security deposit, thinking they are also covered by condo security deposit, but that is not the case, security deposit will be returned to tenant despite landlord's claims. I have seen some landlords put up the secuirty deposit so that the tenant only has to put up one deposit. Of course that has a potential for several pitfalls when the time comes to return the deposit.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)
--- David.Weisman@gmlaw.com wrote:
From: David Weisman David.Weisman@gmlaw.com
To: "'lesstevens@earthlink.net'" lesstevens@earthlink.net, "'landten@lists.flabarrpptl.org'" landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals
Date: Sat, 16 Apr 2011 15:52:57 -0400
Yes. It was in addition to what Landlord wanted. They claimed it was for move in and move out damage.
David Weisman
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Sat Apr 16 15:38:36 2011
Subject: [RPPTL LandTen] Security Deposits on Condo Rentals
Has anyone run into condominium associations requiring a security deposit from any potential renters for damage to the common areas as a condition to approval a tenant/lease?
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY
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.
_______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten
Find a local lawyer and free legal information at FindLaw.com.
Greg, I wonder if you could answer a question for me off the “list”. My
Aunt has a condo and there are subterranean termites in the building – which
consists of 5 units. The condo docs are silent as to who is obligated to
pay for the treatment. Do you happen to know the answer?
Thank you,
Charles J. Levin
Attorney at Law
Post Office Box 342727
Tampa, FL 33694
Telephone 813-963-5135
CONFIDENTIALITY NOTICE: Information contained in this e-mail transmission is
privileged, confidential and protected by the Electronic Communications
Privacy Act, 18 U.S.C. Sections 2510-2521. If you are not the intended
recipient, do not read, distribute, or reproduce this transmission. If you
have received this e-mail transmission in error, please notify the sender
immediately by return e-mail, delete the message, and return any hard copy
print-outs. No legal advice is being provided or implied via this e-mail
transmission unless you are a client of the sender and an intended
recipient. If you properly received this e-mail as a client, co-counsel or
retained expert of Charles J. Levin, P.A., you should maintain its contents
in confidence in order to preserve the attorney-client or work product
privilege that may be available to protect confidentiality. CIRCULAR 230
DISCLOSURE: Any advice contained in this e-mail transmission (including any
attachments) is not intended or written to be used, and cannot be used, for
the purpose of avoiding tax penalties that may be imposed on any taxpayer.
NOT BINDING: Anything in this email or attachments to the contrary
notwithstanding, reference to terms and conditions relating to the subject
matter in this, previous and subsequent emails and attachments are for
ongoing non-binding discussions and negotiations only and do not constitute
an agreement or an offer to enter into an agreement. The submission of
imbedded or attached documents shall not support a claim of promissory
estoppel or reliance. Neither party shall have any obligation to negotiate
the terms of a possible agreement and may withdraw from negotiations at any
time for any reason or for no reason without liability to the other party.
Terms and conditions are strictly “subject to contract” and are not binding
on the writer or clients until a single formal written contract has been
completed and a paper document has been signed and delivered by all parties.
No emails, attachments or facsimile versions of any document or any oral
statements will be binding.
From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Greg Hass
Sent: Monday, April 18, 2011 12:52 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals
Les,
I’m a little late to the party but just in case you haven’t seen it yet
check out 718.112 (2)(i) which provides as follows:
(i) Transfer fees.—No charge shall be made by the association or any body
thereof in connection with the sale, mortgage, lease, sublease, or other
transfer of a unit unless the association is required to approve such
transfer and a fee for such approval is provided for in the declaration,
articles, or bylaws. Any such fee may be preset, but in no event may such
fee exceed $100 per applicant other than husband/wife or parent/dependent
child, which are considered one applicant. However, if the lease or sublease
is a renewal of a lease or sublease with the same lessee or sublessee, no
charge shall be made. The foregoing notwithstanding, an association may, if
the authority to do so appears in the declaration or bylaws, require that a
prospective lessee place a security deposit, in an amount not to exceed the
equivalent of 1 month’s rent, into an escrow account maintained by the
association. The security deposit shall protect against damages to the
common elements or association property. Payment of interest, claims against
the deposit, refunds, and disputes under this paragraph shall be handled in
the same fashion as provided in part II of chapter 83.
Hope this helps,
Greg**
Greg Hass, Senior Counsel
Office of Law & Policy |* FloridaRealtors®
*7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28
*[image: cid:image001.jpg@01C8B0EE.0B556530]
LEGAL DISCLAIMER: The information transmitted is intended solely for the
individual or entity to which it is addressed and may contain confidential
and/or privileged material. Any review, retransmission, dissemination or
other use of or taking action in reliance upon this information by persons
or entities other than the intended recipient is prohibited. If you have
received this email in error please contact the sender and delete the
material from any computer.
From: landten-bounces@lists.flabarrpptl.org [mailto:
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Alberto Cardet
Sent: Saturday, April 16, 2011 8:43 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals
I see it often in Dade county, specially in the higher end properties. As
David mentioned this is in addition to security deposit held by landlord,
which becomes an issue for some prospective tenants. landlord sometimes
will give tenants a break and not hold a security deposit, thinking they are
also covered by condo security deposit, but that is not the case, security
deposit will be returned to tenant despite landlord's claims. I have seen
some landlords put up the secuirty deposit so that the tenant only has to
put up one deposit. Of course that has a potential for several pitfalls
when the time comes to return the deposit.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)
--- David.Weisman@gmlaw.com wrote:
From: David Weisman David.Weisman@gmlaw.com
To: "'lesstevens@earthlink.net'" lesstevens@earthlink.net, "'
landten@lists.flabarrpptl.org'" landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals
Date: Sat, 16 Apr 2011 15:52:57 -0400
Yes. It was in addition to what Landlord wanted. They claimed it was for
move in and move out damage.
David Weisman
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org>
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Sat Apr 16 15:38:36 2011
Subject: [RPPTL LandTen] Security Deposits on Condo Rentals
Has anyone run into condominium associations requiring a security deposit
from any potential renters for damage to the common areas as a condition to
approval a tenant/lease?
Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens@earthlink.net
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED
THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE
IMMEDIATELY
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.
_______________________________________________ landten mailing list
landten@lists.flabarrpptl.org</eonapps/ft/wm/page/compose?send_to=landten%40lists.flabarrpptl.org>
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Find a local lawyer and free legal information at FindLaw.com.
Thanx
Sent via BlackBerry by AT&T
-----Original Message-----
From: "Greg Hass" GregH@floridarealtors.org
Sender: landten-bounces@lists.flabarrpptl.org
Date: Mon, 18 Apr 2011 12:52:21
To: RPPTL Landlord Tenant Committeelandten@lists.flabarrpptl.org
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Good morning! I am wondering what you all think about the enforceability by
the tenant of the following clause found in a lease. (I represent the
landlord.)
- TENANT'S OPTION TO PURCHASE. Landlord agrees to sell Tenant the Premises
for the
total amount of $2,000,000. The option must be exercised within the initial
five-year term of
the Lease. This option is in no way restrictive or to be considered as a
right of first refusal,
contract or binding agreement keeping the Landlord from selling said
property to anyone else at
any time during the lease term, for any amount.
Thank you,
Charles J. Levin
Attorney at Law
Post Office Box 342727
Tampa, FL 33694
Telephone 813-963-5135
CONFIDENTIALITY NOTICE: Information contained in this e-mail transmission is
privileged, confidential and protected by the Electronic Communications
Privacy Act, 18 U.S.C. Sections 2510-2521. If you are not the intended
recipient, do not read, distribute, or reproduce this transmission. If you
have received this e-mail transmission in error, please notify the sender
immediately by return e-mail, delete the message, and return any hard copy
print-outs. No legal advice is being provided or implied via this e-mail
transmission unless you are a client of the sender and an intended
recipient. If you properly received this e-mail as a client, co-counsel or
retained expert of Charles J. Levin, P.A., you should maintain its contents
in confidence in order to preserve the attorney-client or work product
privilege that may be available to protect confidentiality. CIRCULAR 230
DISCLOSURE: Any advice contained in this e-mail transmission (including any
attachments) is not intended or written to be used, and cannot be used, for
the purpose of avoiding tax penalties that may be imposed on any taxpayer.
NOT BINDING: Anything in this email or attachments to the contrary
notwithstanding, reference to terms and conditions relating to the subject
matter in this, previous and subsequent emails and attachments are for
ongoing non-binding discussions and negotiations only and do not constitute
an agreement or an offer to enter into an agreement. The submission of
imbedded or attached documents shall not support a claim of promissory
estoppel or reliance. Neither party shall have any obligation to negotiate
the terms of a possible agreement and may withdraw from negotiations at any
time for any reason or for no reason without liability to the other party.
Terms and conditions are strictly “subject to contract” and are not binding
on the writer or clients until a single formal written contract has been
completed and a paper document has been signed and delivered by all parties.
No emails, attachments or facsimile versions of any document or any oral
statements will be binding.
Looks like a badly written option, subject to prior sale at any time before the Tenant buys it. If the Tenant comes forward with $2,000,000, I think Landlord has agreed to sell it to Tenant at that price.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942
[cid:image001.jpg@01CC0017.2AE2B490]
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Charles Levin
Sent: Thursday, April 21, 2011 11:18 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals
Good morning! I am wondering what you all think about the enforceability by the tenant of the following clause found in a lease. (I represent the landlord.)
- TENANT'S OPTION TO PURCHASE. Landlord agrees to sell Tenant the Premises for the
total amount of $2,000,000. The option must be exercised within the initial five-year term of
the Lease. This option is in no way restrictive or to be considered as a right of first refusal,
contract or binding agreement keeping the Landlord from selling said property to anyone else at
any time during the lease term, for any amount.
Thank you,
Charles J. Levin
Attorney at Law
Post Office Box 342727
Tampa, FL 33694
Telephone 813-963-5135
CONFIDENTIALITY NOTICE: Information contained in this e-mail transmission is privileged, confidential and protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. If you are not the intended recipient, do not read, distribute, or reproduce this transmission. If you have received this e-mail transmission in error, please notify the sender immediately by return e-mail, delete the message, and return any hard copy print-outs. No legal advice is being provided or implied via this e-mail transmission unless you are a client of the sender and an intended recipient. If you properly received this e-mail as a client, co-counsel or retained expert of Charles J. Levin, P.A., you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. CIRCULAR 230 DISCLOSURE: Any advice contained in this e-mail transmission (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of avoiding tax penalties that may be imposed on any taxpayer.
NOT BINDING: Anything in this email or attachments to the contrary notwithstanding, reference to terms and conditions relating to the subject matter in this, previous and subsequent emails and attachments are for ongoing non-binding discussions and negotiations only and do not constitute an agreement or an offer to enter into an agreement. The submission of imbedded or attached documents shall not support a claim of promissory estoppel or reliance. Neither party shall have any obligation to negotiate the terms of a possible agreement and may withdraw from negotiations at any time for any reason or for no reason without liability to the other party. Terms and conditions are strictly "subject to contract" and are not binding on the writer or clients until a single formal written contract has been completed and a paper document has been signed and delivered by all parties. No emails, attachments or facsimile versions of any document or any oral statements will be binding.
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.
It is poorly written, but I read it to mean that within the first 5 years of
the lease the landlord will sell the property to the tenant for the price of
$2,000,000.00, so long as he has not already sold it to someone else.
Arlene
Arlene C. Udick, Esq.
P.O. Box 2094
The Villages, FL 32158-2094
(O) 352-391-1888
(F) 352-391-9128
EMAIL CONFIDENTIALITY: The information contained in this electronic message
may contain attorney-client privilege and confidential information intended
only for use of the owner of the email address listed as the recipient of
this message. If you are not the intended recipient of this email message
you are hereby notified that any disclosure, dissemination, distribution, or
copying of this information is strictly prohibited. If you have received
this email in error, please notify the sender by return email and/or by
telephone at 352-391-1888.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Charles Levin
Sent: Thursday, April 21, 2011 11:18 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Security Deposits on Condo Rentals
Good morning! I am wondering what you all think about the enforceability by
the tenant of the following clause found in a lease. (I represent the
landlord.)
- TENANT'S OPTION TO PURCHASE. Landlord agrees to sell Tenant the Premises
for the
total amount of $2,000,000. The option must be exercised within the initial
five-year term of
the Lease. This option is in no way restrictive or to be considered as a
right of first refusal,
contract or binding agreement keeping the Landlord from selling said
property to anyone else at
any time during the lease term, for any amount.
Thank you,
Charles J. Levin
Attorney at Law
Post Office Box 342727
Tampa, FL 33694
Telephone 813-963-5135
CONFIDENTIALITY NOTICE: Information contained in this e-mail transmission is
privileged, confidential and protected by the Electronic Communications
Privacy Act, 18 U.S.C. Sections 2510-2521. If you are not the intended
recipient, do not read, distribute, or reproduce this transmission. If you
have received this e-mail transmission in error, please notify the sender
immediately by return e-mail, delete the message, and return any hard copy
print-outs. No legal advice is being provided or implied via this e-mail
transmission unless you are a client of the sender and an intended
recipient. If you properly received this e-mail as a client, co-counsel or
retained expert of Charles J. Levin, P.A., you should maintain its contents
in confidence in order to preserve the attorney-client or work product
privilege that may be available to protect confidentiality. CIRCULAR 230
DISCLOSURE: Any advice contained in this e-mail transmission (including any
attachments) is not intended or written to be used, and cannot be used, for
the purpose of avoiding tax penalties that may be imposed on any taxpayer.
NOT BINDING: Anything in this email or attachments to the contrary
notwithstanding, reference to terms and conditions relating to the subject
matter in this, previous and subsequent emails and attachments are for
ongoing non-binding discussions and negotiations only and do not constitute
an agreement or an offer to enter into an agreement. The submission of
imbedded or attached documents shall not support a claim of promissory
estoppel or reliance. Neither party shall have any obligation to negotiate
the terms of a possible agreement and may withdraw from negotiations at any
time for any reason or for no reason without liability to the other party.
Terms and conditions are strictly "subject to contract" and are not binding
on the writer or clients until a single formal written contract has been
completed and a paper document has been signed and delivered by all parties.
No emails, attachments or facsimile versions of any document or any oral
statements will be binding.
Question for the group:
718.112(2)(i) provides that a condo association may require tenants to
provide the association with a security deposit (one month's rent) for
protection of the common elements. The association must then hold the
security deposit in an escrow account. Does anyone have any experience
with HOAs attempting to do the same? I'm not seeing anything in 720
that specifically speaks to this issue for HOAs.
If 720 is silent on this as to HOAs, would the HOA have such power? I'm
wondering if the language in 718 for condos was needed in order to allow
this practice by condos or if instead it was needed in order to limit
the practice to a max of 1 month's rent.
Thanks,
Greg
Greg Hass, Senior Counsel
Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org
Be a Star at Florida Realtors Convention & Trade Expo
http://convention.floridarealtors.org August 24-28
