J.D. from Indian River County, Florida writes:
Dear Mister Condo,
Is a biological grandchild considered immediate family by Florida law for HOA or condo associations or as in us a Co-op? Getting mixed answers. Our management company says they are not but the law definitely seems not so specific…
Mister Condo replies:
J.D., since I am not a lawyer, I cannot offer you any legal advice on this matter. If you are at odds with your association, you may need to speak to an attorney for a proper interpretation of both your governing documents and state law. This is a common topic on Florida HOAs, condominium, and co-ops. Not surprisingly there are different laws governing each and your individual governance documents may even be more restrictive. Start with your governing documents. Read them carefully with what they have to say about residency, guest policy, and rentals. Some go as far as to identify family members as father, mother, son, daughter. Some simply say related through blood or marriage. Some are silent on the subject altogether. Do you know of any other unit owners who have grandchildren residing with them? Your association cannot single you out for a rule violation if they are allowing others to violate the same rule. My recommendation is to do your research, speak with a locally qualified attorney, an then make the best decision you can. All the best!