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.
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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?