If you have concerns, I recommend you consult your legal counsel.
A revocable trust is a foundational estate planning tool with many benefits.
For purposes of this question, we will assume the owner did not have a surviving spouse as that can add an additional layer of analysis due to homestead rights.
If your condominium documents do not provide robust rights concerning the approval or denial of sales and leases, then it will be very difficult, if not impossible, to prevent the son from occupying the unit.
As the beneficiary of the trust, the default rule would be that he has the legal right to occupy the unit as if he were the owner of the unit.
That being said, many condominium documents do have robust language concerning the approval or denial of sales and leases.
I have seen and drafted many condominium documents which provide that although the Association cannot prevent the internal transfer of beneficial interests to the son under the trust, the Association can regulate occupancy. And it means that you have to act prudently and with haste depending on the facts and circumstances.
In other words, many condominium documents provide that the son in this situation would be treated like a tenant seeking to reside in the unit and therefore subject to background checks and other screening mechanisms employed by tenants.
A: This is correct.
Historically, the Florida Condominium Act effectively required two letters before a lien foreclosure action could be filed.
First, the condominium association had to send a letter informing the owner that the association would record a lien if payment was not timely made within 30 days.
Then, if the owner did not make payment, the association had to record the lien and then send a second letter informing the owner that the association would file an action to foreclose the lien if payment was not timely made within another 30 days.
Thus, under the prior statutory framework, there was no obligation for the association to send a warning letter or reminder letter before referring the delinquent account to an attorney or debt collection firm for collection.
It is important to note that some specific condominium documents require reminder letters and warning letters, but it was not required by the statute.
