Can a HOA in Florida request a processing fee, background & credit check fee for leasing a house in the community?f

Started by KevinW10 • 15 replies • 7977 views

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KevinW10 (Florida)
Posts: 7

Posted:

The HOA is charging me a fee $75 fee for processing my paperwork even though I will not be a member of the HOA, and another $75 for a background check, because I want to become a renter in a house in their community (actually houses, so not condos or townhomes).

They are not only charging me a fee, but are holding me up from moving into the house, even after the owner approved me and I signed the lease. The owners property manager said they allowed the past person to move in prior to being approved by the HOA and they were evicted because of that.

How long can an HOA take legally to give a person interested in leasing a property from an owner (they told me it would take 10 days with no details of why it would be so long). I have a family of five sleeping on my moms floor, because the HOA without any proper cause is holding up my application and not approving me to move in, and I do not even thinks its legal.

Can they empower the property manager to do a background check and then share the results with them, and can they turn me down from leasing a place after the owner approved me due to my credit?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Here's the deal.... Your in Florida. The laws are a bit different down there. It's most likely best that someone from Florida responds. Especially if they are aware of such rules.

However, most of the time the HOA acts as a "third party" and does not have the right to charge the renter or do background checks on that renter. It is the responsibility of the owner. The HOA can only hold the owner's feet to the ground. The owner should have written in their lease agreement that the tenant will obey the HOA rules or be evicted. Otherwise, the HOA and the owner have to obey "tenant's rights" laws.

Now, I don't know your relationship with the owner. If it is good and this is something that isn't right, you both will need to be involved in a lawsuit. Now I know I do not promote suing a HOA except in extreme circumstance and large number of people effected. This is actually one of those cases where I do suggest a lawsuit be filed. The HOA needs to stay OUT of the rental business and owner's rental agreements. Even IF it's in the documents does NOT make it legal. The documents can't supercede state/local laws. So they may have it written in, but if the state says it's not enforceable, then you all have a case.

You may also suggest that this "fee" be part of the deposit for the owner to use. I am sure you paid a deposit. The owner could use that money to pay these charges until things are sorted out. The owner should have done the background check already. They could pay the HOA fee. The owner will be the one responsible for filing the suit. Your part in that is providing the evidence. Good luck!

Former HOA President

JayP3 (Florida)
Posts: 154

Posted:

"Here's the deal.... Your in Florida. The laws are a bit different down there. It's most likely best that someone from Florida responds. Especially if they are aware of such rules."

Melissa, you are correct and you should have stopped there and taken your own advice.

It is completely legal in Florida to regulate and restrict rentals in Florida HOAs IF the proper CC&Rs are in place.

Can you, Melissa, provide ANY shred of evidence that the right to rent your home, when/if abandoned by agreeing to buy a house with appropriate deed restrictions, is 'restored' by a superior law?

I could not find any... but PLENTY to the contrary!

KevinW10 (Florida)
Posts: 7

Posted:

Can a amendment to community declarations be done by the lawyer, with the permission of Lennar & the Community Association without 3/4 vote of the total community?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kevin

If the association is under declarant control, the declarant will more then likely have the power to change anything they want to change. Also as a renter, you will not get the right to vote even if there was voting.

KevinW10 (Florida)
Posts: 7

Posted:

I just verified that the turnover took place on 8/31/2011, so it is not under declarant control any more. I am getting confused between the amendments added, if there are stipulations in the first amendment from 12.4-12.5, if the next amendment only changes 12.4.1 does the rest of 12.4 stay the same, or if it is not restated is not included. Is there a location to send files that are to big for the forum?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kevin

I am not nor do I play a lawyer especially in FL.

As a renter (non-owner) you have no rights to question the BOD.

Your recourse is to the owner of the unit you are renting.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Kevin:

Here is an opportunity to educate yourself if you are going to live in an HOA community. The following is a link to the FL State Statute section for Homeowner Associations. The section you are looking for is 720.306 regarding amendments to the CCR’s which will apply along with what is stated in the governing documents. Read these and governing documents then if you have any questions someone might be able to clarify.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720ContentsIndex.html&StatuteYear=2013&Title=%2D%3E2013%2D%3EChapter%20720

We do not have access to your governing documents to answer some of your questions.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Kevin:

Another question ... are you just renting or are you doing a lease purchase? If you are just renting the owner will still be the individual who can question actions of the Board.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Kevin,

As you clearly pointed out, you are not a member of the Association.
The issue is between you and your landlord, who is a member of the Association.

If your landlord won't stand up to make this process happen you might want to consider renting elsewhere.

As a side note: please review the forum's posting rules

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KevinW10 on 03/12/2014 8:10 AM
I just verified that the turnover took place on 8/31/2011, so it is not under declarant control any more. I am getting confused between the amendments added, if there are stipulations in the first amendment from 12.4-12.5, if the next amendment only changes 12.4.1 does the rest of 12.4 stay the same, or if it is not restated is not included. Is there a location to send files that are to big for the forum?

Kevin,

When an amendment is made to a document, any section of the document that is not addressed by the amendment remains unchanged and continues to be part of the document.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kevin

A bit of tough love here. Regardless what ever, as a renter you will always be at the mercy of the owner, never mind any association. I learned this early on in life (as a student) when I was paying rent and I was expecting what ever. Took me a few years to realize that as the renter, I was entitled to $hit. Lesson learned was I wanted to be the owner, not the renter as it would help me control things.

Best you can do is learn from this.

JonD1
Posts: 2,350

Posted:

Reminds me of the time a potential tenant for one of my rentals arrived with a truck full of his property and belongings with the expectation how would be moving in immediately.

When I explained this was not how things worked he became nasty and loud. It was now MY fault he had no place to live!
He had no role in coming to the point he now had what he owed loaded in the back of a truck with the only solution someone would let him move in ASAP.

Needless to say he never rented from me.

Your lack of planning does not constitute an emergency situation for me.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By JonD1 on 03/13/2014 6:40 AM

Reminds me of the time a potential tenant for one of my rentals arrived with a truck full of his property and belongings with the expectation how would be moving in immediately.

That is usually a good indication that the person was just evicted from his last place.

AllisonD (Florida)
Posts: 449

Posted:

Yes, the HOA can have an 'application to rent' which can include a criminal background check. My HOA amended our documents to include this process. The HOA requires the renter to sign a 3rd party lease which in essence says :

By this document, it is understood and agreed by owner and tenant/lessee that ******* Homeowners Association, Inc., is hereby confirmed to be an intended third party to any lease agreement and shall have the right but not the obligation, to enforce the declaration, by-laws, rules and regulations and provisions thereof; having all rights and powers, including but not limited to, proper notice of violation, right of hearing to any violator, eviction procedure and legal recourse as deemed appropriate.

The HOA may have monthly meetings to approve these types of things and are under no obligation to hold a special meeting for your application.

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