Fort Lauderdale, FL asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida

Q: Approved by HOA in 2 units. I live in unit 1 and my dad passed and lived alone in unit2. Can HOA kick my guests in unit2

2 Lawyer Answers
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: In theory yes. It totally depends upon the covenants and restrictions. I suggest that you consult with an attorney in your area to have the same reviewed.

Good luck,

  • Consumer Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: Well yes, obviously you required approval so why wouldn't someone you allowed to stay/live there not? If they are there for more then a few days then no matter what you call them you would likely need them to be approved to remain (if they are there short term, if the HOA even allows short term rentals to begin with). A review of the governing docs would be needed to determine anything for sure though; the docs may say how many days a guest can stay for to still be considered merely a guest. You would not be able to skirt approval by letting them stay there rent free.

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