Criminal Background Checks /Hurricane Shutters

Started by NoreenC • 3 replies • 1138 views

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NoreenC (Florida)
Posts: 3

Posted:

#1 Is is legal for the BOD to conduct criminal background checks on potential buyers/renters in the State of Florida? Would the potential buyer/renter have to sign a release of some sort?

#2 Can "snowbirds" keep their hurricane shutters while their homes are unoccupied? We are considering allowing shutters which are not visible from the street or facing another home to keep their shutters up? Florida statutes seem particularly vague ... right to protect home vs. esthetics? It would seem right to protect property would prevail? Does it? N. Carmody, Port St. Lucie, FL

NancyD1 (Florida)
Posts: 447

Posted:

1. No the BOD cannot do criminal background checks on anyone, be it renter or potential buyers. You will have to check your docs but some HOAs do require an interview for either. This is permissible, but no questions of background are allowed. This is discrimination and an invasion of privacy. A release for what? If they are a renter, that is up to the owner. The owner is responsible for the tenant's actions. If a person buys a home they normally sign that they have "read and understand" the CC&R's and By-laws of the community they are adopting. This is done at the home closing.

2. You have to check your doc's. Our doc's state that shutters can be placed 3 days before a impending hurricane and have to be removed within 4 days. Most snowbirds have a person that cares for their homes on a regular basis. They take care of this. FL 720 does not address this issue. It is up to the individual HOA.

RW1 (Texas)
Posts: 149

Posted:

Check with the local city ordinanaces. They usually address this for safety (Fire).

NancyD1 (Florida)
Posts: 447

Posted:

I thought about the release you stated the board wanted signed. Do not sign it. Most likely it is a release for the HOA to do a background check. This is the only legal way the HOA can get it. If you are a renter, you are only obligated to give this release to the owner of the property. He is responsible to the HOA for a renter and anything the renter does.

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