Significant Other of Owner Approval

Started by ElleS • 10 replies • 1385 views

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ElleS (Florida)
Posts: 1

Posted:

I am the owner of a condo unit. My boyfriend moved in with me recently and I received this email:

If you are renting out to someone or if someone is living with you (significant other, boyfriend, etc.) the individual(s) needs to go through the process of a background check (must fill out an application package and be interviewed by a board member).

Is this necessary? I can understand that, The Board of Directors wants have "accurate records as to who lives as owners and who rents in Park Gardens Condo", but do they have a right to disapprove, ask for background and credit check?

They also want his car's make, model, and license plate to "confirm as to who is using your parking spot when you are not home" yet, I never had to do this for my own car.

I received this email Oct 20 and they are asking this to be done no later than November 1.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Congrats in living in a HOA in Florida... It's no unusual for some Condo's to require some of this information. However, I disagree with most of it personally. Now what kind of background check? It should ONLY be a criminal not financial. The HOA has NO need for anyone's social security number. I would never give that out even if it's on the form. Now I have done a criminal check before. It's pretty simple and not all that encompassing. You just get a form, go to the County sheriff's office to verify you have no police record in that county. (Loophole is they don't check other counties/states).

Does the Condo have parking permits or security system set up? That may explain the requirement for the car make and model. I would not provide DL information. They can have the make/model/tag #. That's all public information and visible. The condo cant' enforce driving laws just restrictions on parking.

Former HOA President

TimB4 (Tennessee)
Posts: 21,062

Posted:

Is this necessary? Depends on your point of view.

Is it required? Depends on your governing documents.

KerryL1 (California)
Posts: 14,550

Posted:

With Tim, Ellie, what do your documents say?

We've seen before on this forum requirements by FL HOAs to interview prospective residents, but I don't know that laws involved.

GenoS (Florida)
Posts: 4,276

Posted:

ElleS, I think it depends on exactly what your governing documents say. The criteria to reject someone needs to be much more than whether or not that someone has a police record in the county. Simply having an arrest record is irrelevant, you have to go by convictions. Florida is a strange place... being found guilty of a crime is not the same thing as being convicted.

So read your documents and see what they say. An association's members have a vested interest in knowing who is living in their community. As long as they aren't asking for social security numbers then anything else is probably fair game IF the documents authorize it. Ask what their privacy policy is, hope they have a published one and that they adhere to it.

JanetB2 (Colorado)
Posts: 4,219

Posted:

As others stated it depends on what your CCR's state. Generally items like you describe only usually apply if owners rent their entire unit to others. I would think they cannot legally tell an owner who can or cannot live with them in their private residence. Courts tend to draw the line when HOA's try to cross line into personal owners space and rights. If it was me ... I would tell them "bite me".

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JanetB2 on 10/21/2017 9:18 PM
As others stated it depends on what your CCR's state. Generally items like you describe only usually apply if owners rent their entire unit to others. I would think they cannot legally tell an owner who can or cannot live with them in their private residence. Courts tend to draw the line when HOA's try to cross line into personal owners space and rights. If it was me ... I would tell them "bite me".

I agree.

GwenG (Florida)
Posts: 669

Posted:

I would ignore any Compliance Letters purporting the existence of a "rule" that did not cite to a lawful provision in the Governing Documents. These kinds of Huff and Puff letters, based on nothing except "because I say so", should not be encouraged. Any competent and responsible MC will cite the exact language of the provision and where it is found in the documents.

So, I add to the "Bite Me" crowd, "Go Pound Sand" (cuz it's Fl!).

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By GwenG on 10/22/2017 3:24 PM
I would ignore any Compliance Letters purporting the existence of a "rule" that did not cite to a lawful provision in the Governing Documents. These kinds of Huff and Puff letters, based on nothing except "because I say so", should not be encouraged. Any competent and responsible MC will cite the exact language of the provision and where it is found in the documents.

So, I add to the "Bite Me" crowd, "Go Pound Sand" (cuz it's Fl!).

I personally would not just "ignore" any letters ... I would demand where it states in the CCR's and / or State Law where the HOA can dictate who I invite to spend nights or any other time inside by personal "HOME". My guests no matter how long they may stay are not the purchasers of the property ... so do each and everyone of the BOD's guests have a background check ran when they visit? And I would send my reply US Mail "Certified Return Receipt".

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Again... What kind of background check? Financial or Criminal? Financial absolutely NOT. Criminal background depends. Sex offenders are usually required to send out a notice they are within a radius of homes. So can't say a criminal background check is that out of line.

The other information they can get by view. If they can't view it, then they don't need to know it. That is Driver's license information. The car itself and tag is all public. Take a picture it will last longer...

I am with everyone else. Don't fill out that form except for information that is PUBLIC. Plus find out what happens if it's not filled out?

Former HOA President

DaveD3 (Michigan)
Posts: 796

Posted:

If the documents require such a background check for a non-married significant other, do they require that any information be provided if you're newly married?

If no, tell them you're married.

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