We typically see an uptick in buying, selling, and leasing during the summer months. If your community requires a prospective lessee to be approved by the association, you will want to take note of a new law that becomes effective on July 1, 2016. In short, the bill requires community associations to process rental applications from service members within 7 days after submission regardless of the time frame provided in your governing documents.
To ensure that your community does not inadvertently violate the new law, your association should consider amending its application to include a question asking whether the prospective tenant is a service member as defined in s. 250.01, Florida Statutes.
Specifically, the bill provides:
If a condominium, cooperative, or homeowners’ association requires a prospective tenant to complete a rental application before residing in a unit within the association, the association must complete processing of the rental application submitted by a prospective tenant who is a service member, as defined in s. 250.01, within 7 days after submission.
The association must, within that 7-day period, notify the service member in writing of an application approval or denial and, if denied, the reason for the denial.
Absent a timely denial, the association must allow the owner to lease the unit or parcel to the service member and the landlord must lease the unit or parcel to the service member if all other terms of the application and lease are complied with.
The parties may not waive or modify the provisions of the law.
The term “service member” is defined to include any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces.
SOURCE: Becker & Poliakoff, PA - For More Information, Contact Gary Schaaf, Esq. at 813.527.3900 or firstname.lastname@example.org