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WilliamM24 (Florida)
Posts: 2
Posted:
I am a prospective buyer into an HOA community in Ocala, Florida. Recently I visited my sister at her residence and went through a fee paid background check of which I volunteered because I as I mentioned prior to the check would want to have done for potential purchasing of a home. That check was done in December 2016 and now that I have found a place for sale and med the appropriate offer to secure this home, I am being told by the local management team that my recent background check is no longer valid. I was employed by the PA State Police prior to retirement and there is nothing in my background of any significance to warrant another background check. Also this new check requires the same fee which I paid in December of last year. When I queried the management rep his response was that my prior background check was only valid for 6 weeks. Is this legal in the state of Florida? I would think this could be construed as a scam to add another fee to their long list of fees and charges. Does anyone know of the legality of this action or cares to express their opinions prior to my making of this commitment? My personal opinion is that this action may be construed as an omen about the goals and actions of this group who only seems to be interested in making money in any way allowable.

Thanks.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Since you are a former law enforcement officer, you know that to find out what is legal is a question for an attorney or the courts.

Personally, I suspect that how long such a check is valid for will be up to the end user.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Sorry, I hit submit too soon.

Ask for a copy of the previous report (if you haven't already).
Then take the issue directly to the Board and bypass the management company.
GenoS (Florida)
Posts: 4,276
Posted:
A 6 week shelf life on the results of a background check seems a little short. It sounds like a fairly arbitrary number. At the same time I can't imagine that whatever process needed the results of a BG check to inform a decision wouldn't be wrapped up within 6 weeks. It sounds like an unusual situation and once is probably enough for most purposes. I also can't imagine that repeat BG checks are necessary very often so their ability to generate cash flow seems limited.

Why did you go through (and pay for) the background check in December? Are visitors required to have one, or did you intend to "get it over with" since you were planning to buy in the near future? Did they not tell you about the 6-week shelf life ahead of time?
WilliamM24 (Florida)
Posts: 2
Posted:
Not really, I was visiting my sister and they required it but my compliance was centered around the fact that the background check would be a prerequisite for buying a place of my own down there. I did stay with my sister for 2 months to get a good look at the place. It's a nice community but seems to be a little expensive. There was several new buildings built in the past few years which I assume were somewhat expensive so maybe they are trying to recoup the cost in any manner possible. I know they are somewhat annoyed when a home is purchased outside of their real estate company so maybe this is just a form of their resenting my purchase from a private individual. Anyway those are the facts and I stand by them. The 1 reason I am exploring this matter here on this forum is to determine whether or not I want to place myself in a situation where I may be resented for how this transaction was done. That may be a can of worms I do not want to encounter as I stroll along the corridors of retirement. I think I would rather focus on enjoying life than to endure the wrath of misguided weasels.
PitA
Posts: 1,416
Posted:
RUN, RUN FAST, RUN FAR

Life is short

Enjoy it in a non HOA setting
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The HOA in my opinion has no need to do a background check other than maybe criminal. Otherwise they are not privy to your financial history. They do NOT own the property and are NOT selling it to you. Typically, HOA's can't pull your credit report.

What happens if you refuse to do a background check? What right do they have to do it in the first place I would ask? After you get that answer, act from there..

Former HOA President
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By MelissaP1 on 05/16/2017 4:20 AM
The HOA in my opinion has no need to do a background check other than maybe criminal. Otherwise they are not privy to your financial history. They do NOT own the property and are NOT selling it to you. Typically, HOA's can't pull your credit report.

What happens if you refuse to do a background check? What right do they have to do it in the first place I would ask? After you get that answer, act from there..

PLEASE do more research BEFORE you make the statements that you do!
PitA
Posts: 1,416
Posted:
OP,

The above two posts represent what you get along with 'membership' in the HOA.

They ARE the typical 'gamut'.
KerryL1 (California)
Posts: 14,550
Posted:
Off target, PitA. Melissa is usually the only one who makes unsubstantiated remarks that leads to flawed advice. Here, for instance, what matters is FL law, not her opinion.

So, William, we have a few Knowledgable posters from FL, who make check in.
GwenG (Florida)
Posts: 669
Posted:
I agree with PITA. These kinds of control requirements before the sale are a portent of things to come...

In the many autopsies of my life pecadillos, the review clearly shows in hindsight that the "end" was observable in the "beginning" if only I had paid attention.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
NOTE: Kerry and Richard usually will tell you NOT to listen to my advice... It's their thing to tell people opinions are right or wrong I reckon especially when it comes to me or those who think out of the box...

What kind of background check are we talking about? Criminal or Financial? I agree to Criminal but not financial done by a HOA. Only because of the nature/purpose of them. Criminal is for safety and Financial for living within your means. Do you want your neighbors to know your criminal past or do you care if they know what you make income wise? I personally don't think my income or credit history is one bit of my neighbor's business but if I robbed a bank it is...

Former HOA President
PitA
Posts: 1,416
Posted:
As WilliamM24 seems to be intelligent he has already fled Hoaville.

KarenC22 (Florida)
Posts: 18
Posted:
I can't even get our HOA to background check board members. We have someone with a grand theft charge as secretary and a president who was not on our deed. In January, our property manager spent a month in Jail, so I don't even know who was handing things then. People largely don't understaind their role in the HOA and it can lead to complications. With all this said, I enjoy my neighbors but there has been discord, restraining orders between other neighbors, fights and other things. I'm not sure I would buy into one of these again. It's kind of like a gang situation and you have no realistic recourse because the HOA has your money and the right to cite, fine, and sue. You must pay to defend yourself or assert your rights; which is frankly often more trouble than it's worth. It's like a timeshare scheme where the property managers and municipalities seem to make money off of the design but it's not so good for anyone else. --can't wait for the comments on this...

All the best,
Kay
KarenC22 (Florida)
Posts: 18
Posted:
*board has changed now/meant to say "had"

All the best,
Kay
TimB4 (Tennessee)
Posts: 21,059
Posted:
Karen,

It's probably best to start a new thread for your comment.

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