Need advice - domestic violence misdemeanor & background checks

We have be approved by a homeowner to rent a condo in Palm Beach County. I'm waiting for our interview to be set up with the small HOA - 8 houses. They received my documents Friday (it's now Monday). I am a well-paid professional with excellent credit and background, so I am applying for the condo on my own. My fiance, John, has a foreclosure on his record, so I listed him and our 2yr old as "occupants" on the application. I explained in a cover letter about why we would be great tenants and I disclosed John's foreclosure. Since the home owner accepted us, the HOA requested an application form for John too - which they said is just "standard procedure".

Here comes my dilemma. Six years ago, John's argument with an ex-girlfriend led to a domestic violence misdemeanor, which sadly will never be removed from his record. As he explained it, she called the police out of an an "unfounded jealous vendetta", though he did not lay a finger on her, only tried to stop her from smashing his acoustic guitar on the ground. The police said they had to take "someone" away from the situation. It was his word against hers, and John was charged. John never saw the ex-girlfriend again. His lawyer had advised him to plead guilty charge for a lesser offense: a misdemeanor. In hindsight, John thinks this was bad advice, but the lawyer who insisted the results would have been worse for pleading “not-guilty”.

My inclination was to write two letters of "recommendation of good moral character" with John's application. A letter from me with the above explanation and that I have never known him in 5 years to be anything but kind and level headed, and one from his business partner of 20 years - just generic character reference.

My realtor says not to. He says that if the application doesn't ask for any prior record, don't offer it. (But the application belongs to the realtors not the HOA). John says he agrees.

I think better to pre-empt the situation, than try to fix it afterwards, when it may be too late. If I was the HOA and saw that in his background, I wouldn
t want that person living there either - I would expect loud fights and police being called - which is so far from the truth!

So do all HOAs run background checks? Neither home owner nor HOA has asked yet for the $100 application fee yet. Any advice on what to do? I don't want to lose this wonderful rental.

Any advice?

I know that's probably an inside joke, but I don't get it! I'm not saying they are gestapo, because I would not want someone with that background (if unexplained) living beside me either, the HOA is made up of other homeowners, I think. I was just looking for advice from other "gestapo" members what I should do. Do you mean you think they won't care about it?

Sophie, Ignore JohnB26...He usually posts stuff like that on here and not helpful information. It's not nice when people like you are asking for real advice. We ignore him on here for the most part unless he actually does post real information that benefits someone.

Sophie,

I agree with your Realtor. Don't volunteer information that isn't asked as it could raise questions or concerns that weren't there previously.


Actually that would depend on the governing documents and varies from State to State.
I've heard of many Condominiums that the buyer and/or renter must receive Association approval as a condition of the sale.
Typically when it's included it's under the section for transfer fees.

To expand on that, since Sophie is in Florida, Per 718.112 [emphasis added]:

(i) Transfer fees.—No charge shall be made by the association or any body thereof in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless the association is required to approve such transfer and a fee for such approval is provided for in the declaration, articles, or bylaws. Any such fee may be preset, but in no event may such fee exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant. However, if the lease or sublease is a renewal of a lease or sublease with the same lessee or sublessee, no charge shall be made. The foregoing notwithstanding, an association may, if the authority to do so appears in the declaration or bylaws, require that a prospective lessee place a security deposit, in an amount not to exceed the equivalent of 1 month’s rent, into an escrow account maintained by the association. The security deposit shall protect against damages to the common elements or association property. Payment of interest, claims against the deposit, refunds, and disputes under this paragraph shall be handled in the same fashion as provided in part II of chapter 83.

I would suspect that the language used in this statute wouldn't exist if there wasn't a method in governing documents to allow the Association to approve/deny a sale or lease.

Sophie, you would need to check the Assocaitions governing documents (likely the CC&Rs or the Bylaws) if you question the validity of the Associations authority in this process.

Sophie

Never answer a question until asked and if afraid of the answer, answer the question with a question.

Thanks everyone and thank you Tim for looking up the rules for Florida. I will cross my fingers and will be ready with the recommendation letters in case things don't work out. I do worry that if they see that misdemeanor with no explanation, they will reject us outright, move on to the next applicant and won't reconsider.

Though I still think it depends on this......

...if most small HOAs do a background check as a matter of course, then I still think I should pre-empt their discovery with full disclosure and explanation.

...If many small HOAs don't do a renter background check (particularly if they still haven't requested the $100 application fee) then I absolutely agree that I shouldn't rock the boat unnecessarily....

I guess that is the question...do (small, Floridian) HOAs ALWAYS do background checks on renters (who have management jobs with good salary and good credit)...or would some not do a background check in this circumstance? Maybe this is unanswerable by any one person - esp if not residing in Florida - I'm not sure. But thought I'd try anyway.

Thanks again for all the valuable advice given already.

are they planning on you being the treasurer?

in our democratic republic one should be presumed innocent until proven guilty

? do you REALLY want to live among the na87s just for a beach nearby ?

One more thing Sophie-

When the landlord said "strict" he/she was being proactive (IMO). The landlord doesn't want to hear any bad reports or have to make any unecessary repairs during your tenancy. The HOA will want you to obey their rules, which likely are more about parking, pets and keeping up appearances of the property and less about behavior - especially PAST behavior. HOA rules don't regulate behavior beyond the basics like prohibiting noise or other nuisances. But do read their bylaws and find out if renters are allowed to attend the meetings. If you came into our association and actually acted like you wanted to follow the rules, you'd be very popular...but then I'm not in Florida, nor anywhere near the beach...

I wouldn't bring the kid either. Too much of a distraction and puts ideas of dangers/issues in the interviewers head. I don't know why you are interviewing with the HOA. It should have been with the owner and the HOA together I assume. Remember just listen to what they have to say and just make it be you. It's a small place and eventually they will meet your fiance when you all move in and live there.

I don't know if you gave them your social security number but I wouldn't. It may be okay for the owner to have it but not the HOA. If they want it, then politely tell them that because you don't know these people and you are NOT paying them any money, that you don't release that kind of information. It is up to the owner to run the background check and use it if necessary. Just to give you some protection in this situation if things were to go wrong.

Elaine the problem is not about the kid. It is about the fiance past legal issue. It is NOT a good idea to bring children into meetings in general. It is NOT good for anybody. Just disclose the kid and fiance going to be in the home and arrange a meet and greet later.

Thanks to Melissa too for the input. NEED MORE ADVICE THOUGH!!
Since I wrote, they asked for John to fill in an application...another week passed... then they want him to sign the lease along me...then they are waiting on the owner to deliver unrelated papers.

All in all, today is finally the day...3 days before the 1st of the month...that we are having our interview. I have to say, I feel this is pretty rude of them. We gave our application to the owner over a month ago. Not only have we just received a renter's agreement that we have to sign and notarize within a few hours (one of the realtors dropped the ball in sending it to me in time!). But more importantly, they have asked for two blank checks so they can do a background check on each of us AFTER the interview tonight and let us know tomorrow.

Firstly, I don't like giving a blank check! But that is bearable. Here is my problem - everybody said "Don't Disclose!" but things have changed.

1) Before I didn't know if they were gonna do the bkgrd checks, now I know they are.
2) We are in a messed up situation if we are not accepted! They have left us hanging until the last minute - luckily we have worked out a possible though costly and undesirable alternative, if this falls through. (but they don't know that we have an alternative! For all they know, we will be on the streets, but I guess they don't seem to care!)

I think we need to go in, and after they have gotten to know us a little, tell the story and give my reference letters. It doesn't sound as bad as it looks on a criminal record with no story to back it up. There are women living there/on the HOA. I would not want a violent man moving in to the building without understanding the background.

Please advise!

Sophie

We often have to pay for stupid, childish mistakes. If you have another place to go to, take it as a life lesson even if a bitter tasting one.

Its a rental. Hardly worth getting a lawyer for. Just move on.