πŸ’¬ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in

MarkG4 (Florida)
Posts: 33
Posted:
I am in the process of purchasing a Townhome in a HOA ran community. I have a third degree felony for a habitual traffic offence (driving while license suspended). I have recently talked over the phone with the property manager regarding whether or not my felony that happened 8 years ago will be an issue with me residing in the community? The answer was yes and that my application would not get approved.

I guess my question is does the HOA have grounds for denying me purchase especially given the type of felony I possess, this is a non violent third degree felony. I live in Florida and would like to know if I have any legal power to fight this?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My question is why were you discussing this in the first place? Why was it the HOA's business? Is there some kind of approval process then it doesn't sound like an HOA. It sounds like a managed property instead. You have to keep in mind you are NOT a member of the HOA until you buy a home in that community. Only the mortgage company can disaprove you. The HOA can just foreclose and kick you out for non-payment of dues.

I've had to get a piece of paper signed from the Sherriff's department when I moved into an apartment. However, that was a managed property and NOT a HOA. Which makes me believe this is a developer controlled/owned property who can then deny you if they want. If it wasn't then it you have no reason for denial/approval.

Former HOA President
GlenL (Ohio)
Posts: 5,491
Posted:
Unless there id something in the CC&R's that prohibits a felon from purchasing there, they have no right to prevent or interfere with the sale unless the CC&R's give them the right to first refusal, meaning the HOA has the right to buy it first.

Studies show that 5 out of 4 people have problems with fractions
FredS7 (Arizona)
Posts: 927
Posted:
Please explain why there was an "application."

When I bought they wanted my name and the address to send the bills.
MarkG4 (Florida)
Posts: 33
Posted:
Not sure what is the difference between an HOA and a managed property, aren't they both being managed by a governing body? The application states the name of the company and that it is a managed property incorporated.

The reason for calling the property manager office first is that there is a $100 fee to pay before processing of the application, so I wanted to call them about my situation before paying and submitting my application.
MarkG4 (Florida)
Posts: 33
Posted:
I have been reading about CC&R's {declaration of covenants and restrictions} please tell me more about how this can help me and what are next steps to take after obtaining the CC&R's of that community. Do I need a condominium real estate lawyer involved or can I do this on my own?
MarkG4 (Florida)
Posts: 33
Posted:
My guess behind the application and fee is that it is needed necessary information for them collecting resouces for a back ground check
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This doesn't sound like a HOA. It sounds like a managed property. There is a difference. A HOA is just a group of homeowners who manage and fund themselves. They can hire a management company assist them in doing this. However, when a HOA first starts and is established it is controlled NOT by the homeowners but the developer of the project. Once the developer leaves then it is handed over to the homeowners. The only requirement to be in a HOA is to be a homeowner.

A managed property is like an apartment complex or some condo's. The rules and regulations are managed and controlled by a Management company NOT the owners. The owners still pay dues of which then the management company uses to fund the needs of the property. However, the owners do not manage or make the rules. The managed property can require an application for approval while HOA's run by owners do not.

Sounds like you are applying for a condo association that is run by a management company. They can indeed make you fill out their application process and charge a fee. Criminal past can be a factor. Hiding it is bad but is it still relevant today? You were convicted and served your punishment already have you not? Then you put down Yes I was convicted of a Crime then put down the year and resolution of it. A 3rd degree felony I don't think needs to follow you the rest of your life once time and punishment is served. Find out from a lawyer at what point this no longer needs to be reported or the best way to report it on future applications. That is my advice to you.

Former HOA President
MarkG4 (Florida)
Posts: 33
Posted:
The CCR should supersede whatever they’re telling me, no? I am requesting the seller obtain a copy of the CC&R for me so that I may look through it (by the way this is a bank own property). If the CCR does not have the language to support this/ or has very basic language description describing the type of felony that are denied then do I have a legit grounds for fighting this yes? Also what kind of laws can help me within the state I live in? I live in Florida.

By the way as I told MellisaP this is a managed property, not sure if it makes a difference...

Thank you
MarkG4 (Florida)
Posts: 33
Posted:
First I'd like to say thank you for taking the time to respond to my post. Yes, I am applying at a Townhome development. I have been reading about the CCR, how can that come into play with helping me?

And yes I did resolve my offense with time served.
FredS7 (Arizona)
Posts: 927
Posted:
First of all, you are actually BUYING, right?

In any case- "managed property" may just mean the the HOA has retained professional management.

Do you have an offer to purchase that has been accepted?

(Barring strange provisions in the CC&Rs) it appears that you may not have fully understood the nature of an HOA. (Not criticizing here, just observing). Are you working with a real estate agent who can explain these things to you?)

MarkG4 (Florida)
Posts: 33
Posted:
Yes I am buying the property in question and yes I have spoken to my real estate agent regarding this matter. I guess my question to ask my realtor is if this is an HOA that has hired a property manager company? But from the looks of it, it may very well be a hired property manger company. The HOA office is not on the premise of the property if that helps, although that isn't saying much I don't think.

FredS7 (Arizona)
Posts: 927
Posted:
> I guess my question to ask my realtor is if this is an HOA that has hired a property manager company?

No. The question to ask is WHY there is an application and WHERE the authority comes from.

By the way- I have no idea what sort of managed property MellissaP1 is talking about. There IS such thing as cooperative ownership (coops in NYC are an example of this). In this case there IS a legitimate approvals process; an extensive application must be made and the board or the owners votes to approve or not approve.

In condo ownership you own your unit and a share in the common areas. In a coop you own a share in the company that owns the entire complex, and you have the right to a particular unit.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Managed property may not have an onsite office. A HOA would because they live there. However, even a HOA who hires a management company, that company is offsite. Good advice to talk to your Realtor. I would use a Buyer's agent if I were you. A better deal if you can have your Realtor work as such.

The application still does NOT sound bank related. It is the bank that has to approve the loan NOT the HOA. I can see such a form if you were a RENTER but not a purchaser. I think it's time to clarify the situation of what your buying into exactly.

Former HOA President
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By FredS7 on 10/23/2012 10:25 AM
>
By the way- I have no idea what sort of managed property MellissaP1 is talking about.

I interpretted that term to mean some sort of rental unit. Something other than the person becoming the owner of the property.
MarkG4 (Florida)
Posts: 33
Posted:
OK guys it has come back to day that they are going to deny me based on a phone conversation that I had with some one at the office about the status of my application. According to the response answers on this topic it looks like I should be waiting to see what the seller will do.

Today I spoke with an attorney regarding by situation and he advise me that he would have to look at there CC&R's to see if they have any right to their position on denying me. the lawyer is a HOA condominium lawyer.

Please let me know what I should be asking any attorney that i talk to and what else that i maybe overlooking in my situation. Can any statue laws fall in to play here? has any one out there had a similar case. Please help my closing date is approaching and i need to know what recourse's I have. Should I be putting in a petition for more time to the bank with out disclosing why I need more time? Lots of questions and running out of time.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • βœ“ Ask follow-up questions
  • βœ“ Share your experience
  • βœ“ Get expert advice
  • βœ“ Access 350,000 discussions
Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in here