Previously, in Can We Ban Short-Term Rentals in Our Condominium? we discussed what internal actions must be taken in order for your condominium association to ban short-term rentals. This article presupposes that your association has taken action to amend its condominium documents and now seeks to enforce the new short-term rental ban.
All condominium enforcement actions boil down to two options: Internal Enforcement and/or External Enforcement
Internal Enforcement:
This enforcement mechanism is governed by F.S. 718.303(3). That subsection provides that, so long as the statutory due process mechanisms are followed, a condominium association may fine an owner for violation of the condominium documents or to suspend a unit’s common element amenity use rights for a reasonable period of time. It is vital that the association properly comply with the due process steps described in the statute, and it is recommended that you work with your association counsel on devising an easy to follow step-by-step plan related to those due process steps. Failure to follow proper procedures could result in association liability.
External Enforcement:
This is governed by F.S. 718.303(1) and F.S. 718.1255. F.S. 718.303(1) provides the statutory right for the condominium association to file a lawsuit to enforce the condominium documents. F.S. 718.1255 is the statutory section providing for alternative dispute resolutions such as mediation and arbitration at the Division of Condominiums, Timeshares and Mobile Homes. The law requires mediation or arbitration by the parties before filing a lawsuit in court. It should be noted that both arbitration and litigation carry with them the prospect of prevailing party attorney’s fees and costs, whereby the losing party can be ordered to pay the costs and attorney’s fees of the prevailing party.
Of course, if your association is going to have use restrictions it should take action to uniformly enforce those restrictions. However, enforcement actions can turn badly if proper actions and documentation are not present. Always discuss potential enforcement actions with the association’s attorney prior to starting enforcement actions.
