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. Can condo association board deny cash buyer for unit? What are guidelines for condo board to reject a buyer? Its not particularly common outside of Florida and New York. Lets say you were a rental tenant in the HOA and now youre looking to buy a home. Without proper documentation explaining reasons for denial, the rejected buyer or renter is likely to pursue a discrimination lawsuit against the association. First and foremost, you should confirm that the Declaration of Covenants grants the Association the authority to approve or disapprove leases. Can a condo association deny a purchase based on past complaints. To accept or deny any potential renter or owner is within the rights of an association in Florida. "Do that and appeal to their sense of decency and fairness.". You do have the right to sue the HOA if they deny you membership after a background check and you feel the decision was discriminatory. Under the ordinance passed by the Broward County commissionerswhich applies only to You automatically become a member and agree to be bound by the HOA's rules upon buying your home. Similar logic should be applied when using a credit score for the basis of denial. Please consult with your local advisors for independent information regarding availability and applicability in your market. Moving forward, theyre going to be a big part of your everyday life. Question: Can a condo association force an owner of a condo unit to sell if the condo association has decided to sell the building where the unit is located? Sometimes the good cause reasons are listed in the Declaration and sometimes they are listed in a Board resolution. 2018 - 2023 HD Law Partners. just say, 'We don't want that person living here.' Answers (4) What are your thoughts on this topic? And, if a buyer has qualified for a mortgage, the credit worthiness of that buyer has been confirmed by the lender, so it is difficult to assert a credit problem as a ground to reject a purchase application based on credit history.