Dear Committee Members:

Please put on your calendars our next meeting of the Landlord/Tenant
Committee of the Real Property Probate & Trust Law Section of the
Florida Bar scheduled for Thursday, March 18, 2010 at 3:00 - 4:30 p.m.
This meeting will be by telephone only.  In addition to Committee
updates, George Pincus of Stearns Weaver Miller Weissler Alhadeff &
Sitterson, P.A. will discuss Bio-tech and technology leases.

The call-in information is as follows:
Dial-In Number:  888-376-5050

    Conference Code:  8425484201

A reminder notice, agenda and related materials will be emailed in
advance of the meeting.

Look forward to your participation.

Neil Shoter
Chair

http://www.shutts.com/shutts100.jpg Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com  | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | Website
http://www.shutts.com/

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.

The information in this email transmission is privileged
and confidential.  If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited.  If you have
received this email in error, please notify the sender by
email reply.  Thank you.

What (if anything) can a Tenant of a condo unit do when the condo
association has cut off both clicker and code access to the gate?  Gate
is always open from 8am to 6pm but beyond those hours it is locked and
unmanned, thus no way for T to get in.

The only clear remedy I can think of is for T to give a 7 day notice
under 83.56 (1) to the LL and thereafter terminate the lease.  I also
think T has a straight face argument that the LL is (indirectly at least
by not paying condo assessments) preventing T from gaining reasonable
access to dwelling unit in violation of 83.67 (2).

But what rights (if any) does T have to force condo association to allow
access to unit?  I can understand cutting off access to pool, gymnasium,
etc, if provided for in the condo docs, but preventing reasonable access
to the unit itself seems to be bypassing the foreclosure process
established for enforcing unpaid assessments in 718.116 (6).

I sympathize with the other unit owners who have to live with the
deadbeat unit owner's tenants, but it seems to me that the process is
for the association to foreclose the assessment lien.  I guess the
ultimate question is:  since the condo association is not the LL, are
they free to engage in what would otherwise be characterized as
prohibited practices when used by a LL?  Is the T completely SOL?

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

All Aboard for the ultimate education destination:

http://convention.floridarealtors.org

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.