Finally, Can a Criminal Background Stop You From Getting an Apartment? Operating Rules [4340 - 4370], Applycheck, LLC: Florida HOA Backround Checks, Florida Community Association Professionals: Why Condominium Associations Must Carefully Evaluate Their Long-Standing Tenant Approval Policies, Florida Today: The Fair Housing Act and Criminal Background Checks, American Bar Association: Directory of State and Local Bar Associations, How to clean a showerhead, according to an expert, How to Evaluate HOA Property Management Companies, How to Work With Difficult People on a Condo Board. Fort Myers, FL 33907 However, there are horror stories of crazy regulations, dysfunctional operation, and general unhelpfulness. Note: The association would have the authority to disapprove the rental of an apartment to a person who is a registered sex offender. your application," says Stivelman. Before we get into why most Florida condo buildings and Associations don't qualify, it's important to note that only Primary Residence occupancy is eligible for FHA-insured financing. Other than that, the board would be bound by the limitations set forth above in grounds for disapproval. Schedule a case review to determine whether the association violated any state or federal laws when it rejected your application. bankruptcy, been convicted of crime, who doesn't have job, or who's a convicted felon. There are four legal reasons associations can deny potential buyers or renters: How Do HOAs and Condos Screen Potential Buyers and Renters? Without clear guidelines, the rejected buyer or renter is likely to file a discrimination lawsuit against the condo or HOA. The prospective buyer or renter has been convicted of a felony for violent crimes or crimes involving property, and their civil rights have not been restored. And many landlord owners are finding that boards can be a tough hurdle when. Your community associations Governing Documents provide the association with the right to review and approve sales and rentals; and to charge a transfer fee to cover the costs of processing the transaction. There shouldn't be a reason for this practice. 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. So, the Association should not have blanket policy of always denying convicted felons but should consider each application on a case by case basis and make a reasonable determination as the adverse affect on the community. association law at Eisinger Brown Lewis Frankel & Chaiet in Hollywood, Fla. "One is for a 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? in the past. of my clients do this, and I would advise against it. Similar logic should be applied when using a credit score for the basis of denial. You have an application form and you pay a company to run a background check. There are rules, however, about what information the HOA can collect and how they can use it. associations had rights of first refusal or purchase options," says Opotowsky. "Boards can't deny an applicant who's filed for He was most professional and knowledgeable with the HOA laws. read more, After a plumbing malfunction caused a major flood, I needed guidance on getting indemnified for an insurance claim and and a dispute with the landlord. 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. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients.