A vacant home, whether it is in foreclosure, waiting to be sold, or simply left empty, can attract people who move in without permission. Once someone is living inside, removing them takes time and care. For an association, prevention and quick reporting are usually more effective than anything that can be done after the fact.
This article is general information and is not legal advice. The association's attorney should be consulted.
Squatting Versus Trespassing
The terms are often used loosely, but the difference matters. A trespasser enters property without permission, often briefly, and trespassing can be reported to police as a crime. A squatter moves into a vacant home and lives there, often bringing furniture and belongings and sometimes producing a false lease. Because the occupant appears to be residing in the home, the situation has historically been treated as a civil matter, which made removal slow. More on the general topic is covered in
handling trespassing situations in an HOA.
Prevention Steps for the Association
The best defense is making vacant homes less attractive and noticing problems early.
- Owners should be encouraged to notify the association when a home will be vacant for an extended period.
- Vacant homes should be noted by the manager and checked during regular inspections.
- Gate and access systems should be kept in working order, and gate codes should be changed periodically.
- Residents should be asked to report unfamiliar vehicles, lights, or activity at homes known to be empty.
- When a home is in foreclosure, the association should identify the lender or servicer and keep its contact information on file.
- Overgrown lawns, piled up mail, and broken windows should be reported to the owner or lender promptly, since they signal that a home is unoccupied.
Florida's Sheriff Removal Process
Section 82.036 of the Florida Statutes provides a faster remedy for removing unauthorized people from a residential dwelling. The request must be made by the property owner or the owner's authorized agent, which in most cases is not the association. Several conditions must be met, including the following:
- The occupants entered and remain without authorization.
- The property was not open to the public when they entered.
- The owner has directed them to leave.
- They are not current or former tenants under a rental agreement authorized by the owner, and they are not immediate family members.
- No litigation about the property is pending between the owner and the occupants.
The owner or agent submits a verified complaint to the county sheriff under penalty of perjury. If the sheriff verifies that the person is the record owner or an authorized agent, a notice to vacate is served, and the owner is put in possession. A person removed wrongfully may sue and may recover damages, including statutory damages equal to triple the fair market rent of the dwelling, so the complaint must be accurate.
What Associations Can and Cannot Do
An association generally has limited power over a home it does not own. Its most useful role is documenting what is seen and notifying the owner, the lender, and law enforcement when appropriate.
Condominiums have one additional tool. Under section 718.111(5), a condominium association may, at the board's discretion, enter an abandoned unit to inspect it, make repairs, turn on utilities, and otherwise maintain, preserve, or protect the unit and the adjoining common elements. A unit is presumed abandoned only under conditions set in the statute, such as a unit in foreclosure where no tenant appears to have lived for at least 4 continuous weeks without written notice to the association. Except in an emergency, 2 days' notice must be mailed or hand delivered to the owner first. The expense may be charged to the owner and collected as an assessment.
Homeowners associations do not have the same statutory right, so the declaration should be reviewed, and the attorney should be consulted before any action is taken. Occupants who hold a lease from the owner are tenants, not squatters, and a different process applies, as explained in
can a Florida HOA evict a tenant.
Actions to Avoid
Board members and residents should not confront occupants, change locks on a home the association does not own, shut off utilities, remove belongings, or use threats or force. Self help of this kind can expose the association and individuals to liability and can make the eventual removal more difficult. Concerns about safety should be reported to law enforcement.
A Note on Adverse Possession
Fears about squatters gaining ownership are usually overstated. Under section 95.18, a claim of adverse possession without color of title requires at least 7 years of actual, continued possession, along with filing a return with the property appraiser and paying the property taxes. Owners who monitor their property are rarely at risk.
Help Protecting Your Community
Inspections, owner notices, and coordination with lenders are handled for the communities managed by Condominium Associates. To talk about vacant homes in your association,
contact us.
