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IslamM (Florida)
Posts: 67
Posted:

My sisters property is an HOA in Florida. Her daughter is moving in with her for a while and the HOA is asking for a background check? We checked her original documents and there is nothing on that, the Board says they had added new rules and the Board voted approving it. Is this legal? Not that my niece has a record is that they feel is an invasion of their families privacy and we believe that even if she has a record they could not denied unless is a pedophile and there are children correct? We find it ridiculous.
KevinK7 (Florida)
Posts: 1,343
Posted:
I don't believe they could. Just because they wrote a "rule" if it is not in the original contract it is an authority that is beyond their power.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By KevinK7 on 06/11/2016 3:40 PM
I don't believe they could. Just because they wrote a "rule" if it is not in the original contract it is an authority that is beyond their power.

I don't think they could legally do a background check on a person who is just visiting for a while. I However we did ask our lawyer if we could prepare a resolution requiring background checks on new owners and occupant and our lawyer gave the approval for this resolution. Since we may the resolution requiring background checks I have been informed of possible problems with the background checks we do.

There should be no convicted sex offenders living in our building as it is near an elementary school. Our Board may need to review the resolution requiring background checks.
JamesG11 (Florida)
Posts: 118
Posted:
Perhaps. It depends on the specific authority given to the Board under its governing documents to enact rules governing that subject matter. Rules are enforceable provided that they are reasonable and are not inconsistent with the powers granted to the Board under its governing documents.

Section 720.305(1), Fla. Stat., expressly allows HOAs to recover their reasonable attorneys fees in filing an action to enforce its rules:

//720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—

(1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:

(a) The association;

(b) A member;

(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and

(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.

The prevailing party in any such litigation is entitled to recover reasonable attorney fees and costs.//

Your sister should engage an experienced HOA attorney to guide her here.
SheliaH (Indiana)
Posts: 6,964
Posted:
If you want legal advice, talk to a private attorney.

While I agree the background of your niece isn't anyone's business, it seems to me your sister should know the history behind this "background check," unless she's a new owner - did she ask the Board for more history or clarification?

By the way, I think the sex offender law in most states prohibit persons on the list from living near churches, schools and parks - there are also websites where you can check if a sex offender lives near you. I don't know if a community can ban sex offenders outright (several communities in the Indianapolis area have done it, but so far, I'm not aware of anyone testing the legal issues in court).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AnnI (Texas)
Posts: 2
Posted:
My daughter and I co own a condominium that is self managed. Unfortunately, we live next door to the Board President that does not uniformly apply the rules and regulations. We get picked apart constantly and residents that live out of her direct line of vision, seem to do whatever they want. I feel like I have no recourse! They have been particularly unfair in regard to applying a back ground check requirement. The Bi Laws state that anyone that stays in excess of 7 days per month must submit a background check. We have complied for my daughter, prior to me finally putting her on the deed. We have complied for my daughters boyfriend. Now they are claiming there is a woman staying there that requires a background check. We are completely lost! I have no idea what they are talking about, but I feel I have no recourse. I feel like they just are harassing me because I have questioned this practice all along. This is a complete fabrication! It seems crazy for me to ask them, "what woman? who are you talking about?" Is it my obligation to have all visitors provide a schedule?
I know there was a lawsuit a few years back, before we bought into this nightmare, that was lost and the HOA had to pay. I believe there was a sex offender that they didnt know about, but I do not have any details for sure. I just know there was a lawsuit. Now we have exorbitant policy dues for Directors and Officers, $751 a year!!! I have asked for information to shop for more reasonable coverage, but they state is protected and have refused. How can we be obligated to this as well?
LarryB13 (Arizona)
Posts: 4,099
Posted:
I think my response to an association that wishes to perform a background check on me would be along the lines of, "Do what you wish but expect no cooperation from me without a court order."

IslamM (Florida)
Posts: 67
Posted:
LarryB13,
I like your answer, researching a little I found out that the only way they can refuse by the housing laws is if is a person is a sexual predator when there are children but if its an adult only community why bother? I feel that a background check to a relative that is staying a sister or daughter is an invasion of privacy and really unnecessary since at the end they can't refuse anyway? But I hate to be taken to court when really my sister has nothing to hide is just that I feel that only if an owner is renting their unit then would be reasonable to background the tenant's let's see what happens. Thank you!

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