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Turco Legal Blog

Turco Legal Blog - Family Law and Foreclosure Law
Tags >> tenant
Jul 27
2010

Boynton Beach HOA Representative Holds Gun To Tenant's Head

Posted by Damian Turco in tenant rights , tenant , Palm Beach County , homeowners association , condominium association , condo association , Boynton Beach , association

In a bizarre case in Palm Beach County, a represenative of the Four Sea Suns Condominiums homeowners association was arrested and charged with armed burglary, false imprisonment, and aggravated assault. The HOA rep claims to have entered the apartment, thinking it was unoccupied, to check for leaks because of an unusually high water bill. When he encountered the tenant who had lived there since 2009, he held a gun to the man's head and called police. Upon arriving, police contacted the condo owner who explained that his tenant had a right to be in the condo, but that he had not given permission for the HOA rep to enter his unit. The HOA rep was subsequently arrested.

This case is undoubtedly extreme, but certainly serves to remind both associations and tenants to be respectful of laws governing who may enter a premises and when. Unit owners should also be apprised of association rules and bylaws and should be making their tenants aware of these regulations as well. Association representatives should be mindful that while association rules may give them permission to enter a unit, if they do so without the consent of the owner they may run afoul of the law.

Click here to read more about this case in the Palm Beach Post.

Jul 21
2010

Rental Scams on the Rise in South Florida

Posted by Damian Turco in tenant rights , tenant , senate bill 1196 , SB 1196 , rental scam , rental , rent collection , rent , Palm Beach County , mortgage foreclosure , mortgage default , homeowners association , Florida , delinquent owner , condominium association , condo association

Renters Beware! New scams targeting renters are another way that the foreclosure crisis is affecting Floridians.

A recent Palm Beach Post article discussed a  Wellington-based company called Saving Palm Beach Homes Inc., run by Mark Guerette, that entered into numerous rental agreements on homes that were not actually owned by the company or its founder. The homes were in foreclosure, but Guerette hoped to use a centuries-old law to take possession of the foreclosed properties in Palm Beach and Broward counties. Florida Statute Chapter 95 deals with adverse possession and allows a person who cares for and acts as the owner of a property to legally take  possession of the property after seven years. The volume of foreclosures in recent years has created confusion over who owns properties. As mortgages are transferred between lenders and companies go out of business, documentation can be lost leading to mix-ups over ownership of properties. "This is the ideal opportunity for adverse possession because titles are clouded," said Kama Monroe, senior attorney for the Florida Department of Revenue. "No one is sure who to call to say, 'get them off my land." It is, however, still not legal for a person or a company to collect rent on homes they do not own.

Craigslist is the source of another rental scam targeting Palm Beach County residents. People are posting fake ads on Craigslist advertising rentals at very low rates and using property photos from actual listings. When prospective renters contact them, they ask for either forms with personal information like bank acounts and social security numbers, or in some cases they ask for payment to be sent in exchange for keys to the property. Click to read more about the "cash for keys" scam.

Jul 12
2010

New Florida Law Allows Condo and Homeowners Associations to Collect Rent From Tenants

Posted by Damian Turco in tenant rights , tenant , senate bill 1196 , SB 1196 , rental , rent collection , rent , Palm Beach County , mortgage default , homeowners association , foreclosure , Florida , delinquent owner , condominium association , condo association , association dues , association

 

 

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