Owner of condo vs HOA

[Thelma Ojedis]

I rented a condo directly from an owner. I knew nothing about the HOA. I told the owner my intentions of living in it part time and subleasing it part time. He agreed, we signed a lease. I fully furnished the apartment. I then received a phone call from his brother who is on the board of the HOA and he tells me that the owner is not allowed to rent it to someone who is going to sublease. I then speak to the head of the board and he says they will give me a trial lease for 3 months to make sure my arrangement didn't interfere with the integrity of the community. Now he isn't following through and is saying that the board is encouraging the owner to settle out with me. What recourse do I have? Can anyone point me in the right direction please. And all this is happening in the state of Florida is anyone is familiar with Florida law.

[Josh Castellanos]

@Thelma Ojedis

Hi thelma,

I am a board president at one my condo's that I own. I would first start with reviewing the HOA CC&Rs / Rules and regulations. It would indicate if you are able to even sublease in the first place. I know at our community subleasing is not allowed, start there.

Despite what a board member or owner told you the CC&Rs will supersede anything verbally in a court of law if it gets to that point.