Floridas privacy laws

Started by LaverneB • 3 replies • 1485 views

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LaverneB (Florida)
Posts: 79

Posted:

Does anyone out there know the laws on asking people who are buying into our community about their credit report? Or how much money they make to be able to afford our maintance. I am under the impression it is not and it is considered a invasion of privacy.Our docs does not state this in the application. Thanks for your input..

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It isn't any business of the HOA's of someone's credit report. Especially potential buyers. That is up to the mortgage company who approves the loans to know. They usually figure in the HOA's dues when gathering the debt ratio of the buyer. The HOA dues work almost like an additional house payment except NOT owed to them.

Plus you want to know the credit report of POTENTIAL buyers? That could mean anyone walking down the street who says "I like that house" can now be subject to a credit search? If anything, ONLY owner's would be subject to such questions IF it were allowed. If it's a Renter issue, that is STILL the Owner's responsibility. It's their property.

The only thing the HOA needs is the ability to lien or foreclose. These items will eventually show up on one's credit report but only after the proper procedures are completed.

A HOA can't deny one's membership into the HOA based on financial information amongst other things. Once your an owner your a member. Hence :Homeowner's association....

Former HOA President

DonnaS (Tennessee)
Posts: 5,671

Posted:

Laverne,

Your documents do not state that this financial information is required, therefore you have absolutely no right to ask it of anyone. IF it were required to be answered of a potetial buyer, you would have a difficult time getting an answer. I would not answer you, there are no laws saying that I must answer you, so to ask it is really a potential turnoff for anyone wishing to purchase a home in your association. Basically, it is none of your associations right to know this information.

MichaelP6 (Virginia)
Posts: 16

Posted:

One of the reasons you can't ask them for a credit report or income information is that you're NOT granting them credit. The HOA bills them monthly, much like your telephone or sewage bill for services. It's not like buying a home or driving off in a brand new car. Services are net/30 not credit.

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