The governing documents for the association spell out eviction processes.
They also detail the steps that the board can take when an owner falls delinquent in paying their assessments. One option could be to step into the revenue stream enjoyed by the owner from the tenant, as a way to collect past due assessments.
The additional document you need is your lease or rental agreement, which may also spell out your rights.
Finally, you can check Florida state law regarding tenants' rights, to verify what yours might be in this case.
Generally, tenants are required to live in condominiums in the same way that owners are required to live there. Several steps must be in place, however, according to best practices, in order for an association to evict a tenant. First, there must be evidence that the tenant has been given all the pertinent documents that outline how an owner lives in the property. Then, that the owner sent a copy of the lease with the tenant to the board, and prior to occupancy, cleared the prospective tenant's financial and background reports to the owner's satisfaction. The association must have been involved in addressing any 'rules' violation against the tenant through the owner, that have not been satisfied by the tenant or the owner. Finally, the association's records must show that the board has the power to evict a tenant, given an owner's inability to do so.
Read your governing documents to determine what the association is required to review prior to your renting your unit. It is possible that the association has a rental cap, in which case, your rental may or may not be allowed, depending on the current percentage of rentals in the community. The association is not in the business of approving your tenant, but can require proof from you that you have performed a background check and a financial check on a prospective tenant. The association may require proof that you asked a prospective tenant for an application, but the association is not legally allowed to require it. The association may require that you supply a copy of any rental agreement you sign with a tenant.
Has the tenant broken it? no one was present when the glass shattered.
Your answer may be contained in the lease itself. Otherwise, there may be guidelines from the association with which you own the apartment you're selling. There is no standard.
This term usually applies to some action by an owner, tenant, resident or guest that violates the guidelines written in your governing documents for the homeowner association.
The governing documents spell out the violations for which tenants can be evicted. These sets of violations are unique to each condominium association. Usually, the association will only step in to evict if the tenant consistently violates the CC&Rs, By-Laws, house rules or other governing documents, and the owner has been ineffective in 'controlling' the tenant.
Here is a potential scenario:If the governing documents state that owners require tenants to abide by the community's governing documents, andIf the tenant violates the governing documents, andAfter the association notifies the owner of the tenant's violations, andIf the owner fails to 'control' the tenant, thenThe association may proceed with eviction of the tenant.The association's responsibility is generally keyed on the 'safety, security, maintenance and preservation' of the community's assets. In this regard, then, the association is doing its job, based on the owner's failure to do so.
No
NO
The association is concerned that whomever becomes a tenant can reside in the community just like an owner, except that the tenant cannot vote. This means abiding by all the conditions, rules, regulations, covenants, limitations and so forth written in the governing documents.Some associations require that an owner present information about a prospective tenant and produce proof of:Credit checkBackground checkReferences from previous landlordsThe association may also require a copy of the lease.If an owner rents to a tenant who cannot or will not occupy the unit like an owner, the association can give notice to the owner requiring that the owner 'control' the tenant. Failing that, the association may evict the tenant.It is an owner's responsibility to give a tenant copies of the governing documents, so that the association is not put into the position of 'policing' the behaviour of the tenant.
Perhaps. If the tenant does not abide by the governing documents -- living in the community like an owner -- then the association may require that the owner evict a tenant. The governing documents may state what behaviour is expected from tenants. This action may be the last in a long list of attempts made by the association to bring the tenant's behaviour into compliance with the governing documents. An owner who resists removing a disruptive tenant adversely affects the value of all the property involved in the association's real estate asset base. A board that uses this tactic to remove a tenant based on prejudice or other illegal basis could be in violation of local and federal laws.
No, to the best of my knowledge, David Tennant has never broken his nose.