Q. Can an association change an owner's right to rent out his condo?
—Curious Board Member
A. “The general answer is yes, the association can change an owner’s right to rent out his or her condominium,” says attorney Rachel E. Frydman of The Frydman Law Group in Coral Springs. “The way to effectuate this change is by an amendment to the declaration. The board of directors would have to seek and obtain a proper vote of the membership to amend the governing documents. Most documents require somewhere between 50 percent and 75 percent of the membership to approve an amendment. However, Florida statutes does state that with respect to rental amendments, only the owners who vote ‘yes’ or new owners who take title after the amendment, would be bound by this new rental amendment.
“There is a misconception by many owners of condominiums (as well as in homeowners' associations) that ‘It's my unit, and no one can tell me what I can or can’t do with my unit.’ That way of thinking is how many owners get into trouble with their association. Be sure that before you buy a condominium unit that you review the governing documents and all amendments thereto, in order to be sure you can live with all of the current restriction. And try to stay involved in your community by attending board meetings, so that you are aware of any new changes may be considering.”