By Gary M. Singer
Q. I am trying to sell my condominium, and I just found out the association didn't approve the buyer. Is there anything I can do?
A. Yes. But in most of these instances, the buyer and seller just move on, aggravated.
In your condo, the "Declaration" and other key documents contain the rules under which you and your neighbors must live by. These documents must address whether the board has the power to approve prospective buyers and tenants.
You may find that although the board has been approving buyers for years, it doesn't actually have the power and is only doing it "because this is the way we have always done things." If that's the case, consider having a lawyer write a sternly worded letter to the board. That may be all it takes.
Even if your association has the power to approve the buyer, its decisions must be applied consistently and for good reason. The board can't deny a buyer for such things as race, religion and ethnicity. If it does, that certainly is grounds for a lawsuit.
Absent something egregious, most sellers decide it's not worth the time and expense to file suit. It's just easier to find another buyer. And not many buyers will want to fight the denial because they don't feel comfortable living in a community that doesn't want them.
The board may not be required to reveal the reason for denial. But try to find out why, and that will help you in your search for a new buyer.
Q. My mother passed away, and her home is going into foreclosure with the condo association for nonpayment of assessments. The condo has listed me as a "possible beneficiary" of her revocable trust and has served foreclosure papers on me. There is no money in the house or in her estate. Can I ignore this?
A. It's never a good idea to ignore a lawsuit, even if you think you have nothing to lose, because you may be wrong and actually have something to lose. Meet with a lawyer to see whether you have any liability. In these situations, there are simple steps that you can take to disclaim any interest in your late mother's property, such as filing a certain form in the public records or deeding your potential interest to the condo association.
Q. I live in a condo, and the unit above me is rented to a family that's too loud. We already had a meeting with the owner, but the tenants are back to their old tricks. How can we fix this?
A. You did the right thing in speaking with the landlord. Do it again. Also, read the condo rules and see whether your neighbor is breaking any of them. If so, then the landlord may be fined, and that may be what it takes to get the problem resolved. Also, some condos have rules about types of flooring and padding that can be installed. In that case, the association can make the unit owner fix the flooring.
— Gary Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He is the chairperson of the Real Estate Section of the Broward County Bar Association and is an adjunct professor for the Nova Southeastern University Paralegal Studies program.