JC3
Posts: 290
Posts: 290
Posted:
Can anyone point me to the FLorida law re boards wanting to do background checks?
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Florida law re hoa wanting buyer ssn's
Started by JC3 • 21 replies • 7982 views
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NancyD1 (Florida)
Posts: 447
Posts: 447
Posted:
Do you live in Noreen's HOA? BOD's cannot do background checks of any sort. Nor do they need a social security number. This is discrimanition and an invasion of privacy. The only person that can do background checks is the person renting a home. He can check on the potential renter but only if the renter agrees to the check. Don't allow anyone to do a background check unless they have permission from the individual. This is calling for a lawsuit.
LindaC3 (Florida)
Posts: 526
Posts: 526
Posted:
Nancyd1..............Good day....Could you possibly quote a law or reference to one about background checks for Florida HOA"s.................. I have told our Fla HOA that they do not have the right to ask me or anyone else here for their SS # and am getting flack from them.... I told them that I am not buying anything from them and they are not extending me any type of credit etc.....also informed them that they have lien rights to protect themselves in the event someone does not ante up their assessments.............This issue continues to be a bone of contention here and I for one would like to have it resolved once and for all........I asked one time what would they do IF someone didnt pass a background check because of something they did back years ago , and was told they would HEAVILY discourage this person from buying in here...I said that WILL lead the HOA to be sued in violation of Fair Housing...guess they dont seem to care about that point.........It also cost the potential buyer $150.00 per person to have this background check done.....BS...indeed....My sister is a Federal Government Employee with FBI clearance and they made her pay the fee or they would not let her buy her property here.......We tried fighting it to no avail............BUT if you could steer me to legal documentation that states it is NOT ALLOWED that would be great.....Thanks Bunches LindaC
NancyD1 (Florida)
Posts: 447
Posts: 447
Posted:
Quote:
Posted By LindaC3 on 09/13/2007 8:27 AM
Nancyd1..............Good day....Could you possibly quote a law or reference to one about background checks for Florida HOA"s.................. I have told our Fla HOA that they do not have the right to ask me or anyone else here for their SS # and am getting flack from them.... I told them that I am not buying anything from them and they are not extending me any type of credit etc.....also informed them that they have lien rights to protect themselves in the event someone does not ante up their assessments.............This issue continues to be a bone of contention here and I for one would like to have it resolved once and for all........I asked one time what would they do IF someone didnt pass a background check because of something they did back years ago , and was told they would HEAVILY discourage this person from buying in here...I said that WILL lead the HOA to be sued in violation of Fair Housing...guess they dont seem to care about that point.........It also cost the potential buyer $150.00 per person to have this background check done.....BS...indeed....My sister is a Federal Government Employee with FBI clearance and they made her pay the fee or they would not let her buy her property here.......We tried fighting it to no avail............BUT if you could steer me to legal documentation that states it is NOT ALLOWED that would be great.....Thanks Bunches LindaC
Nancyd1..............Good day....Could you possibly quote a law or reference to one about background checks for Florida HOA"s.................. I have told our Fla HOA that they do not have the right to ask me or anyone else here for their SS # and am getting flack from them.... I told them that I am not buying anything from them and they are not extending me any type of credit etc.....also informed them that they have lien rights to protect themselves in the event someone does not ante up their assessments.............This issue continues to be a bone of contention here and I for one would like to have it resolved once and for all........I asked one time what would they do IF someone didnt pass a background check because of something they did back years ago , and was told they would HEAVILY discourage this person from buying in here...I said that WILL lead the HOA to be sued in violation of Fair Housing...guess they dont seem to care about that point.........It also cost the potential buyer $150.00 per person to have this background check done.....BS...indeed....My sister is a Federal Government Employee with FBI clearance and they made her pay the fee or they would not let her buy her property here.......We tried fighting it to no avail............BUT if you could steer me to legal documentation that states it is NOT ALLOWED that would be great.....Thanks Bunches LindaC
Linda,
First, let me get one thing clear. Anyone can do a Public Records search on the Internet. This will show any legal action for real property, mortgages, liens etc. If I understood your question correctly the HOA was requesting more information than that can be obtained in public records. That said:
If the HOA insists on your SS#, tell them that they should be versed on the "The Privacy Act of 1974". This is a constitutional law. It is not specific to an individual state but everyone in this country. Now if they want to pay your taxes, give it to them.
If they have done background checks and have tried to discourage that person from buying, give this person my number. The HOA has a false sense of security. If they persist, it may be a costly experience to all of you in the HOA. This is an easy case to cite a multitude of laws., Fair Housing, right to privacy and discrimination.
Your sister should be ashamed of herself. Where does it state in any HOA documents that they can ask for and receive money for a background check? They are not renting to her. A landlord has the right to background checks, but only if the person renting signs on the line that says he is allowing that person to do a check. Not let her buy property!!!! How dare they. Some HOA's do an entrance interview, but this is to acquaint the HO with the doc's and rules.
Before you show them any laws or documentation, ask to see the CC&R's or By-Laws, where this is a requirement.
The web site of the guide for FL background checks http://www.fdle.state.fl.us/CriminalHistory/BackgroundChecksFAQ_. There is a lot of info but scan down to page 3 question 4. What entities are currently authorized to receive a state and national criminal history record check? It includes many specific groups that can receive background checks and the statutory references. For the SS# give them a copy (Google it)of the privacy act.
Please let us know what happens when you present this info to the HOA.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Stick to your guns. They do not need your SSN for any reason. My Bank goes crazy when vendors or whomever wants my numbers. They tell me "NO WAY" don't give it out.
DaneC (California)
Posts: 210
Posts: 210
Posted:
Quote:
Posted By DonnaS on 09/18/2007 12:41 PM
Stick to your guns. They do not need your SSN for any reason. My Bank goes crazy when vendors or whomever wants my numbers. They tell me "NO WAY" don't give it out.
Stick to your guns. They do not need your SSN for any reason. My Bank goes crazy when vendors or whomever wants my numbers. They tell me "NO WAY" don't give it out.
Are you saying that because you are on the Board, vendors ask you for your SSN, as opposed to the Association's FEIN?
LindaC3 (Florida)
Posts: 526
Posts: 526
Posted:
Good day all.....just returning from a rather heated BOD meeting....Once again the subject of background and credit checks came up...... We have a member here that has added her son to her deed..The BOD says that the son because he does not customarily reside with the mother MUST pay $150.00 and go thru a background check and credit check..No where in any of our documents does it state this as a requirement to live here.. So the BOD made a motion..not on the agenda for the day....that effecctive immediately all person who wish to add someone to their deed and if that person does not live with that person they SHALL go thru background and credit check and orientation.... They will not be considers members able to use the facilities UNTIL this has been done... However, our Articles, Deeds and By Laws all state that any person who aquires property here SHALL AUTOMATICALLY be members of the club...FSS 720 states basically the same thing.... I mumbled about violating the 1974 Privacy Act and they mumbled back ..to the effect of too bad..if you want to live here this is how it is done......HELP......... Thanks Bunches LindaC3
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Linda,
I guess that the only thing that you must do is to print out the information that NancyD1 posted. Nancy is a Legal Eagle and knows her Florida and Federal laws to the tee where it is in reguards to this stuff. What that Board is doing is illegal in many respects. A background check is never done on a perspective buyer. (in the case, he is just a co-deed holder)
I will agree with the orientation part as many associations still do that but it involves merely going over rules and regs., nothing of a personal matter. And $150.00? That seems excessive for an orientation.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Linda, unless every owner is subject to background and credit checks and required to pay $150 this would be discrimination. I have never heard of an HOA requirement to do this and think it is also an invasion of privacy.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Let me ask the obvious. I know Donna has touched on it but in a day to day thing like Linda has just came from, what should have been her approach.
I personally think she should have had two or three owners with her that could have forced the issue. A motion could have been made that an owner feels the practice is illegal and will present her justification in a formal letter to the Board and demand the issue be raised next meeting.
Do anything to get it entered into the minutes and strongly suggest the Board members be poled for their response. As Donna and Nancy say, raise the issue formally and document, document. and stay with it, it can be done, and should be done. I would at some point ask for an accounting of how that moneey is spent (what it is spent for), no just as monies received. Does your board have a budget, do they includee this money for maintenance work.....not legal I don't think if it was not in budget.
Sounds like they should throw the net over this place.
I personally think she should have had two or three owners with her that could have forced the issue. A motion could have been made that an owner feels the practice is illegal and will present her justification in a formal letter to the Board and demand the issue be raised next meeting.
Do anything to get it entered into the minutes and strongly suggest the Board members be poled for their response. As Donna and Nancy say, raise the issue formally and document, document. and stay with it, it can be done, and should be done. I would at some point ask for an accounting of how that moneey is spent (what it is spent for), no just as monies received. Does your board have a budget, do they includee this money for maintenance work.....not legal I don't think if it was not in budget.
Sounds like they should throw the net over this place.
SteveV3 (Florida)
Posts: 5
Posts: 5
Posted:
I own a home in Sterling Hill, Spring Hill Florida. The Board just passed a bylaw to our documents stating that the Owner has to perform a background check and a credit check on all tenants over 18 and submit them for board approval. Meaning if the board does not like what it sees on these reports they say they can deny the owner permission to rent the house to them. From what I am reading in this post It is illegal. Where can I get info to show them that this is illegal?
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
I just wish to point out that the Privacy Act of 1974 does not prevent anyone but the Government (and not even all agencies of the government) from obtaining/using your SSN.
If an HOA requires a SSN of someone to do X, it does not violate the Privacy Act of 1974, because the HOA is not a federal/government/agency. It may well violate other things, but not the Privacy Act. The interactions between private individuals and private companies is beyond the scope of that legislation.
That said, I would also balk at providing my SSN to the HOA as well. They have no need of it.
If an HOA requires a SSN of someone to do X, it does not violate the Privacy Act of 1974, because the HOA is not a federal/government/agency. It may well violate other things, but not the Privacy Act. The interactions between private individuals and private companies is beyond the scope of that legislation.
That said, I would also balk at providing my SSN to the HOA as well. They have no need of it.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
What is the penalty for not giving them your SSN?
You buy the house from the seller, not the HOA. An HOA cannot prevent a sale and I'd like to see them try and force you to sell if they don't accept you as a member.
This is a home sale, not renting. Different rules.
You buy the house from the seller, not the HOA. An HOA cannot prevent a sale and I'd like to see them try and force you to sell if they don't accept you as a member.
This is a home sale, not renting. Different rules.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Giving the HOA your S.S. number? Under what law? Tell them thanks but no thanks, it is not to be shared. The HOA has absolutely no right to the number and it is certainly not up to them to request it.
In one of the above posts from a real Lawyer (not an arm chair one), states that no one is required to give out their S.S number to a HOA.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
If it's a condo, you might want to try this as well:
• Condo Ombudsman: Virgil Rizzo was the state's first ombudsman. A referee of sorts, he had been granted authority by the governor to work out of the Department of Business and Professional Regulation in Tallahassee on your behalf. If you are experiencing mismanagement issues you can reach him at 850-922-7671 or [email protected].
• Condo Ombudsman: Virgil Rizzo was the state's first ombudsman. A referee of sorts, he had been granted authority by the governor to work out of the Department of Business and Professional Regulation in Tallahassee on your behalf. If you are experiencing mismanagement issues you can reach him at 850-922-7671 or [email protected].
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Here is a 2009 article from an attorney:
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2009_08_23.pdf
From what I'm getting, they can only do background checks if the governing documents allow it. Mind you I'm talking condos.
I don't agree with it. I'm just passing along info.
Tim
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2009_08_23.pdf
From what I'm getting, they can only do background checks if the governing documents allow it. Mind you I'm talking condos.
I don't agree with it. I'm just passing along info.
Tim
PeterD3 (Florida)
Posts: 708
Posts: 708
Posted:
The condo law does not say that you must give your SS# to the BOD.
It says a background check can be required.
Backgroud checks are performed by third party contractors. These contractors are licensed/bonded/insured, etc. so all info. is as confidential as any other similar institution (bank, mtg. co., etc.)
Thus the HOA never has the SS# but rather the results of the research which all they want.
It says a background check can be required.
Backgroud checks are performed by third party contractors. These contractors are licensed/bonded/insured, etc. so all info. is as confidential as any other similar institution (bank, mtg. co., etc.)
Thus the HOA never has the SS# but rather the results of the research which all they want.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Peter,
I see how my posts may have given the wrong impression. Thank you for clarifying as that is what I understood as well, that the condo may have the right to conduct background checks. I also agree with you that this would typically be done by a third party.
My question is, how does the third party get the information to do the background check with?
Having never had to deal with an HOA doing a background check (and I completely disagree with that notion), but having gone through many of them with various employers, I would have expected that the info would be given to the third party by the Association.
Tim
I see how my posts may have given the wrong impression. Thank you for clarifying as that is what I understood as well, that the condo may have the right to conduct background checks. I also agree with you that this would typically be done by a third party.
My question is, how does the third party get the information to do the background check with?
Having never had to deal with an HOA doing a background check (and I completely disagree with that notion), but having gone through many of them with various employers, I would have expected that the info would be given to the third party by the Association.
Tim
SteveV3 (Florida)
Posts: 5
Posts: 5
Posted:
Our HOA wants the landlord to run the background and credit checks; then submit them to the Board for "approval" The Board will then let the landlord know if they can rent to the person(s) based on these reports.
It is a House I am talking about not a condo. In Florida.
It is a House I am talking about not a condo. In Florida.
PeterD3 (Florida)
Posts: 708
Posts: 708
Posted:
This question 3+ years old.
Laws may have changed since.
It is all moot if the condo CCRs do not expressly permit BG checks.
If they were to do so, the owner would be notified to provide the information to "Company X" within XX days or be in violation of the docs. Failure to comply, and any legal "remedies" available to the assn., is no different than any similar violation.
Laws may have changed since.
It is all moot if the condo CCRs do not expressly permit BG checks.
If they were to do so, the owner would be notified to provide the information to "Company X" within XX days or be in violation of the docs. Failure to comply, and any legal "remedies" available to the assn., is no different than any similar violation.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Quote:
or be in violation of the docs. Failure to comply, and any legal "remedies" available to the assn., is no different than any similar violation.
Ummm.. its much different than that. When correcting the violation means selling the house, its going to be a court matter, not a simple violation
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