Can a condo association board deny the purchase of a unit to a buyer who pays in cash, has no mortgage and offers a security deposit to assure maintenance fees solely on impaired credit? discriminatory intent is illegal. reasons for denial. Washington, D.C., and San Francisco," says Bob Diamond, a partner at the law firm Reed Interviewing new neighbors could be as simple as setting up a screening process with a committee. Each situation would, however, have to be looked at on a case by case basis, as the information is received, and the manager, as well as the board, should consult with legal counsel if there is a situation regarding past criminal activity, for assistance in making the determination of whether it is grounds for disapproval. Making sure that the HOA functions well is shockingly important. What if condo buyer fails background check? The Do's and Don'ts of HOA Rental Restrictions Its best to just be upfront and honest. Similar logic should be applied when using a credit score for the basis of denial. To keep the community safe and desirable, some HOAs insist on running a background check on all prospective buyers and tenants before allowing them to move in. Condo board was delinquent in duties including financial records. The Fair Housing Act and Criminal Background Checks - Florida Today If the prospective tenant or buyer provides information on the application form which is a material misrepresentation, and impacts on the occupancy, (i.e., if the board cannot verify prior or current employment or most recent address) then the board has the right to disapprove the tenant or the buyer. And unfortun. Patrick did a great job keeping me calm and confirmed everything I needed to do before he even began representing me. Rejection on the basis of criminal history and prior residential history must be reasonable, provided the criminal history is relevant. At Dania Fernandez and Associates we pride ourselves on serving our clients with respect and dignity. Youve may have even heard that a HOA or condo association could deny a buyer. The Associations Decision Cannot Be Discriminatory. The owner of the unit remains responsible for all payments to the association, so the credit history of a prospective tenant is not really relevant. You would need to consult the condo rules and regulations to ascertain whether there is a procedure for the board to be furnished additional information, like if the foreclosure was the result of a divorce, loss of a job due to illness, etc. However, rejected buyers and renters may think that the association's decision is discriminatory and sue the association. 812 W. Dr. MLK Jr., Blvd., Suite 101, Tampa, FL 33603 p: (813) 225-1918 f: (813) 225-2531 email 2023. your application," says Stivelman. Please consult with your local advisors for independent information regarding availability and applicability in your market. So, does a condo association have the power to evict? Editors note: Attorneys at Goede, Adamczyk, DeBoest & Cross, PLLC., respond to questions about Florida community association law. Your email address will not be published. If the owner of a unit is delinquent in any monies owed to the community association, the rental or sale of the unit can be disapproved. demonstrated a propensity to violate rules and regulations, the board can reject them. You MUST have your screening process completely disclosed in your governing documents. or reject. This law firm website and legal marketinga> are managed by MileMark Media. When not doing real estate Christopher can be seen training for marathons and ultra relays with his 2 year old daughter, eating pizza, and drinking a steady stream of Diet Coke. Lets say you were a rental tenant in the HOA and now youre looking to buy a home. The information provided herein is for informational purposes only and should not be construed as legal advice. of my clients do this, and I would advise against it. You were loud at night and, wow, you were messy. Contact us today if you need legal advice. A tenant that has lived in the community as a renter would like to buy the unit they rent. Can You Screen and Reject Potential . He attempted to negotiate for a faster settlement. 03:06. In Florida, HOAs have a legal right to approve or deny potential buyers and tenants if they do not meet specific criteria outlined in the associations governing documents.
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