Everyone wants good neighbors. We all deserve to feel safe, comfortable and at ease in our homes, and part of that security comes from knowing your community shares the same standards. In Florida, where HOAs and condo associations are common, state law gives associations the ability to screen and approve potential buyers or renters based on criteria set forth in their governing documents.
So, the short answer is yes, an association may deny a potential buyer or renter if they fail to meet certain criteria established in the association bylaws, but there’s more to the story.
Associations Have Screening Power (Within Limits)
Florida law grants homeowners and condominium associations considerable authority in the approval process for prospective residents. However, this power must always be balanced with federal protections, particularly those outlined in The Fair Housing Act, which prohibits discrimination based on race, religion, national origin, sex, disability, familial status and other protected characteristics.
When making applicant decisions, HOA boards in Florida often to consider criteria related to the following factors when deciding whether to approve or reject an applicant:
- A criminal history that presents a legitimate safety concern
- Failure to follow the association’s application process
- A history of rule violations in previous communities
- Inadequate financial standing, if allowed under the bylaws
Boards are allowed to use discretion, but any denial must be based on the criteria outlined in the HOA’s governing documents and in accordance with Florida law.
HOA Screening Processes Must Be Clearly Stated
HOA boards cannot just deny an applicant willy-nilly. The association’s screening and approval procedures must be fully documented in your HOA’s bylaws or governing documents.
To ensure your screening process is both legal and enforceable, it’s highly recommended that you work with an experienced community association law attorney to review or draft your rules. This helps you avoid liability and ensures compliance with both state and federal laws.
Document Everything
If your board decides to deny an applicant, you must provide a clear, well-documented reason for the rejection. Proper documentation helps protect the association if legal action is taken, demonstrates transparency and fairness in the decision, and helps avoid discrimination claims.
How Should You Screen Applicants?
When deciding your applicant-approval process, it’s helpful to start by defining what makes a good neighbor in your community. Outline the expectations for conduct, safety and respect. With clear criteria, it becomes easier to determine whether a potential resident is a good fit.
Once you’ve identified your process, your screening procedure might include interviews conducted by a screening committee or a written questionnaire, signed by the applicant. You might also partner with a screening agency to conduct background checks and verify documentation.
Have Questions About Your Legal Obligations? Contact Us
Florida associations have the right to accept or deny buyers and renters, but they must do so carefully, lawfully and in writing. Failure to follow legal procedures can open your board up to liability.
If your association needs help crafting or updating its screening process, or if you’re facing a dispute over an applicant’s denial, contact us at Dania Fernandez and Associates, P.A. Our experienced legal team is here to help you protect your community and stay compliant with the law.
