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What is “Transition or Turnover?”

What is “Transition or Turnover?”

  • Posted: Oct 20, 2015
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“Transition” is the term of art describing the multi-step process to transfer responsibility for the Community Association to the homeowners/unit owners.

Transition is a process, not an event. At the end of that process, control of the Community Association is ultimately turned over to the owners.

 

For condominiums, the Declaration establishes a “Period of Declarant Control” based upon statute. For property owners’ associations, the Declaration may establish such a period, but currently, the declarant control period is is not addressed by statute.

During the Period of Declarant Control, the Developer appoints members of the board of directors for the Association; hires and has contact with the Association’s management company; and is the architectural control committee. At the expiration of the Period of Declarant Control, the Developer resigns its board of director positions. The owners hold a meeting to elect a new board of directors comprised of owners. The Developer turns over the Association’s books and records, and relinquishes control of the Association to the owners.

How do we begin the transition process?

As transition nears, it is time for the Declarant and the owners to initiate discussions on the transition process, and for owners to become familiar with the governing documents. There are several suggestions to help get the process started in earnest. For example, owners can propose adding one or more homeowners to the Board prior to transition; can set up a transition committee or advisory committee; can schedule a community meeting to explain that control of the Association will soon be turned over to the owners; and can seek volunteers for the transition committee. Some of the owners may have experience and expertise in the issues the community may face, and these owners can be very helpful druing transition.

 

Conclusion

Transition requires a thorough review and understanding of all aspects of your Association, including knowledge of financial issues; maintenance and engineering needs; the need to transfer common area (in non-condominium associations); insurance policies and needs; management responsibilities; covenant enforcement; and so on. Without knowledgeable guidance from an independent attorney experienced in common interest communities, owners can be overwhelmed with the immense responsibilities. Start early with your transition committee and contact a knowledgeable attorney to begin the process with your association.

 

Stop us if you’ve heard this one before: You announce an HOA election providing proper notice, yet only a handful of owners show up to vote. You end up short of your quorum requirements, and you have to start all over again with your fingers crossed that next time, your luck will be better, and your election will be successful. Or instead, you hold your election, get definitive results—you think—but then the election gets challenged.
We can help you do better!  many community association lawyers who’ve devoted their extensive—and impressive—careers to solving the challenges HOAs face every day. You’ll learn from members valuable, workable tactics you can implement immediately to make your election process smoother, more successful, and less contentious.
You’ll learn:

1- How to determine the specific steps your HOA must follow to conduct proper elections
2- Details on the most common mistakes boards make from election start to finish, and the most likely challenges to your election—and how to nip them in the bud
3- Information to help you identify your quorum requirements and creative tactics to ensure you get a quorum
4- Common rules governing who can run for your HOA board, along with insights on the pros and cons of changing your eligibility requirements—and tips on how to do it if you decide you should
5- Suggestions for general rules your board may want to consider passing to make holding elections easier
6- Tips to provide effective notice—and undercut any attempt to unwind your completed election based on claims of insufficient or improper notice
7- What you must know about proxies
8- Techniques you can deploy on the day of the election to avoid on-the-spot glitches
Plus much more!
It’s just an hour of your time, but you’ll walk away much wiser and better prepared for your HOA’s next election.

 

 

contact KBRLegal.com They are the experts in Association Law in South Florida. The Courses they give monthly can help you with understanding what is needed as a board member and your community.

 

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Associations Right to Evict

Associations Right to Evict

Associations Right to Evict

Associations Right to Evict . .

Associations can evict Tenants of property owners. In response to the unreasonable amount of property owners who are renting out their properties and collecting rents but have unpaid Association dues or assessments, the Florida legislature changed added a new weapon for Associations. For Condominium Associations, its Sec. 718.116, Florida Statutes, and for Homeowners Associations, its Sec. 720.3085, Florida Statutes, which allow for the evictions of tenants directly by Associations.

 

When Can Associations Evict Tenants?

A unit owner owes a duty to pay assessments and dues to the Association. If a unit owner has unpaid assessments, dues, or owes any other sums to the Association, the Association can perform an eviction of the tenant as if the Association was the landlord of the tenant.

What Are the Conditions to the Association Evicting a Tenant?

The Association must first send a Notice to the unit owner and tenant, informing them that future rents must be paid to the Association until all unpaid sums due the Association are paid.

 

Is There Specific Language for the Notice?

The Notice to be sent to the unit owner and tenant should state, in materially the following form, as follows:

 

For Condominium Associations:

Pursuant to section 718.116(11), Florida Statutes, the association demands that you pay your rent directly to the condominium association and continue doing so until the association notifies you otherwise.

Payment due the condominium association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to …(full address)…, payable to …(name)…

Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period.

Pursuant to section 718.116(11), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord for all amounts timely paid to the association.

 

For Homeowners Associations:

Pursuant to section 720.3085(8), Florida Statutes, we demand that you make your rent payments directly to the homeowners’ association and continue doing so until the association notifies you otherwise.

Payment due the homeowners’ association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (full address), payable to (name) .

Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period.

Pursuant to section 720.3085(8), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord.

 

 

Can the Unit Owner Evict the Tenant if they Pay Rent to the Association?

Under Florida law, the unit owner complying with the Notice requiring the tenant to pay the rent to the Association is precluded from evicting the tenant for alleged failure to pay the rent to the Association.

THE LANDLORD’S LIEN

– LANDLORD IS SEEKING MONEY FOR UNPAID RENT

The following procedure can be used when the tenant(s) is evicted and Removed by the Sheriff, but leaves personal property in the rental property and the Landlord wants to sell the personal property to satisfy money owed for accrued rent. Note that the best procedure is to allow the Sheriff to perform the Removal even if the Landlord knows that the tenant(s) has vacated or abandoned the rental property. The lease agreement must be consulted to ensure there are no provisions therein which contradict the procedures allowed a Landlord as to asserting and enforcing a Landlord’s Lien. The process involves filing a new lawsuit against the tenant(s) which includes a count for foreclosure of a Landlord’s Lien. It is commenced after the eviction is concluded, including the Sheriff’s Removal. The starting point is for the Landlord to determine that there is personal property in the rental property after the tenant(s) is evicted. Also, the Landlord does not have a lien on property that is not the tenant(s). The Landlord’s Lien Foreclosure Action is a separate lawsuit, and general rules of court apply. However, the Landlord is allowed expedited proceedings, meaning the Court must move the case along quickly to conclusion, and only the 5 day summons, such as in evictions, is used. However, generally, the evicted tenant(s) must be personally served by a process server with the Landlord’s Lien Foreclosure Action and Summons, as compared to an eviction where the process server can post the notice on the door. Thus, an address to the evicted tenant(s), such as a new residence or work, has to be determined. The conclusion of the case allows the Sheriff to hold a public sale wherein the evicted tenant(s)’ personal property is sold. The Sheriff takes a small fee for the services it provides, and the remainder, up to the amount owed the Landlord for unpaid accrued rent and the Landlord’s attorney’s fees as well as costs, are given to the Landlord.

 

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