We all want good neighbors. When you come home you want to feel safe and completely at ease in your space and in your neighborhood or building. For this reason, and with all the HOAs and community associations in Florida, lawmakers gave associations the ability to choose potential tenants thoughtfully. An association may deny a potential buyer or renter if they fail to meet certain criteria established in the association bylaws.
In Florida, as opposed to many other states, HOAs and condo associations have a good amount of say in approving potential buyers and renters. Florida laws guarantee these rights to associations, but The Fair Housing Act still applies in regard to race, religion, age, etc.
Many of the discriminating factors in buyer approval tend to be around a past criminal history that presents a safety concern, not adhering to an association’s bylaws or approval process or having a record of prior rule violations in previous associations. A board can make the judgment call if a would-be tenant does not seem like a good fit, but the reasoning must adhere to Florida law and be outlined in the bylaws.
Here’s the really big important part. You MUST have your screening process completely disclosed in your governing documents. And to make certain that this screening process and/or background check is legal, it is highly recommended that you seek a certified community law attorney to assist you with your governing documents.
If you deny someone, you need to have proper documentation explaining your reasons for rejection. This is crucial because with this denial you could be faced with a discrimination lawsuit. Documentation will make all the difference if such a situation happens.
How do you screen potential buyers or renters?
First, an association needs to define the major dos and don’ts of the community, as well as what constitutes a safe, respectful community. With guidelines like these, it is easier to clearly designate who will or will not make a good neighbor.
Interviewing new neighbors could be as simple as setting up a screening process with a committee. In this process, one person needs to write down all the answers to the potential buyers’ questions. When this interview is finished, you must have the buyer sign a document that confirms all of their responses were true.
You could even hire a screening agency to ensure all the required documentation is squared away. This is your best bet to guarantee all laws are adhered to and to protect yourself from any potential lawsuit.
To accept or deny any potential renter or owner is within the rights of an association in Florida. To avoid any issues or legal trouble, it is in your community’s best interest to contact a lawyer for legal counsel. At Dania Fernandez and Associates we pride ourselves on serving our clients with respect and dignity. Contact us today if you need legal advice.
We pride ourselves of our level of commitment to our clients. We love what we do, and we do it with utmost care and professionalism.
If a potential buyer was rejected (not approved) by a condo board due to leasing restrictions, and then informed the board after denial that they have no intention to lease and have requested a second meeting/chance – does the board have the right to not grant another meeting request?
If the noted reason for denial was stated that it was due in part to leasing, and the prospective buyer has stated that they have no intentions to do so, yet the board refuses to provide a second meeting – could they be in default?
Hi my aunt was just denied after she has paid over $1,000.00 for appraisals and inspections to purchase a 55 plus condo. they denied her because a few years ago she had to let her home go into foreclosure to care for a sibling who was severely injured and need 24-hour care, so she choose to take care of her sibling who later died several months later. She is devastated in times like we are with this pandemic and she wants to just live the rest of her life and felt the time is now, but they denied her because of the foreclosure a few years ago. I am trying to figure out how to write a reconsideration recommendation letter to the association on her behalf
Carol I got denied from the HOA I don’t know why the letter is in the mail they say this is a 55Community my agent is going to Appeal want to know why every thing went through insurance and Escrow now they no what should I do now I am 68 yrs old
Selling our condo and buyers were approved by HOA at the end of December. President of HOA received a condo questionnaire from lender but refused to complete it because he is now saying that the buyers won’t be able to pay mortgage and HOA fees and this represents a financial risk for the HOA.
He now says that the buyers are not approved (even though their approval was confirmed in writing in December)
Can he do this and if he sticks to his position, can the Board be sued for all the buyer’s expenses after the approval in December (inspection, appraisal, etc)
Many thanks
Can a HOA refuse a buyer if they have a conventional loan
Can a HOA refuse a buyer if they have a conventional loan in the state of Florida?
can hoa refuse buyer due to credit history (cash purchase no mortgage)
Can a previous condo owner who violated rules in the garage that involved the condo lawyer purchase another unit in the building?
I’m trying to buy a condo from my landlord where I’ve been living in Lantana, Florida for 6 1/2 years. I’ve never broken the rules (which were never voted on or filed with the county or state into the association’s legal documents) and get along with almost everyone living here just fine. I’ve read the association’s documents (from 1966 and one amendment in 2010) which don’t mention anything about the approval process or the application I would have to sign. The application itself specifically says the board doesn’t have to provide any kind of reason for a denial. It also says they are released from all liability should they deny someone’s purchase. If I sign it, I obviously have waived my rights to an appeal process. Is this kind of document even legal??? The BOD took over 3 weeks just to provide the association’s documents to the seller because the first set was about half complete…. dragging out what should have taken 2 weeks to close on a cash sale to now going into our second month… and we’re still in limbo. Both myself and the owner wanted this done… weeks ago, but the board is intentionally causing delays. What am I supposed to do now, is there any help from the State Of Florida to help potential buyers having to deal with a board of directors like this???
I’m a real estate agent representing a buyer who lives in Washington state; my buyer cannot meet in person with the board members for an in-person interview; I offered to set up a zoom meeting or a face time meeting with the association members my request was denied. Is there anything else I can do about this?
Please advise
Hi, I live in a coop – 55+ community in Florida and want to have friends from other countries visit me. A person that stays more than 30 cumulative days in a year must pass a background check. When I informed them my friend was not from the USA they said “no problem, we have lots of Canadians here, just an official police report of criminal activity is required”. When I went to turn in the completed application and police report from Honduras, I was then informed since she is Honduran she also needs to present a green card or visa. To which I replied she has neither, she is seeking asylum. The office replied she would need special approval without green card or visas proving she is here legally. I read the by-laws and find no mentions of the actual rules or requirements to this. I have another friend that wants to visit from The Netherlands for more than 30 days but afraid to ask the requirements for her. I fear retaliation in this community and don’t want to sell and move. Any advice?
I was just declined by an HOA for a non-violent felony poss w/intent(1999). All time served and fines paid. HOA just said declined due to background check. I was honest in filling it out. It’s 23yrs ago. This is in Cape Coral FL Do I have any recourse?