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JeffreyG (Florida)
Posts: 5
Posted:
My name is jeffrey I’m 26 years old and recently decided to purchase a home between my sister dad and I . My dad is the primary one dealing with the mortgage since he applied by himself and is giving the down payment. It is a townhouse in Davie Florida . My main concern and worry is that while filling out the HOA application I totally forgot to put about my charge two years ago that I got arrested. The charges were trespassing and resisting with non violence. I am worried that they can first deny me for not putting that on there or secondly because of the background check and my charges . We already have a closing day for may 8th. I just told my realtor about it I am very worried that the deal can’t go though because of this. If anyone can be hide me on what to do or give any suggestions I’d really appreciate it . I know it may not seem like harsh criminal charges but all HOA might be different te I don’t know how they work or maybe in just worrying to much for nothing?
AugustinD
Posts: 5,144
Posted:
JeffreyG, from checking the net, it appears to me that a HOA can deny purchase because of a criminal background check or information on the application indicating a conviction. Since the application asked for this information, and since a background check seems to me to be likely to turn up this first degree misdemeanor, I suggest writing the HOA and being honest the way you were here: Write the HOA that you totally forgot; apologize; ask them to note the first degree misdemeanor of trespassing and resisting arrest; and for a little insurance, explain that something like, "Trespassing and resisting arrest was a stupid mistake on my part. It cost me a lot. I deeply regret it. I try to be a good, law-abiding citizen every hour and every day."
SheliaH (Indiana)
Posts: 6,964
Posted:
You shouldn't have anything to worry about because HOAs usually don't look at one's criminal background when a home is sold because they don't have access to that information. You don't say if the house will be in your father's name only or all three of you, but that doesn't make a huge difference either, because all of you will be expected to comply with the community rules.

That means paying assessments in full and on time, asking permission if appropriate when making exterior changes to your home and a few more. When you move in, he sure to get a copy of the Bylaws and CCRs and read them. Ask about anything you don't understand.

In short, learn from your past and don't be an ass. Focus on being a good neighbor, which you should be doing, regardless of where you live. be sure you do your part in paying the household expenses and you should be fine. Good luck to you.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By SheliaH on 04/28/2020 6:41 AM
You shouldn't have anything to worry about because HOAs usually don't look at one's criminal background when a home is sold because they don't have access to that information. You don't say if the house will be in your father's name only or all three of you, but that doesn't make a huge difference either, because all of you will be expected to comply with the community rules.

That means paying assessments in full and on time, asking permission if appropriate when making exterior changes to your home and a few more. When you move in, he sure to get a copy of the Bylaws and CCRs and read them. Ask about anything you don't understand.

In short, learn from your past and don't be an ass. Focus on being a good neighbor, which you should be doing, regardless of where you live. be sure you do your part in paying the household expenses and you should be fine. Good luck to you.


I'm not sure I understand this. In my state/county I could log onto the court website and find this out instantly.
JeffreyG (Florida)
Posts: 5
Posted:
Yes the house will be under our names all three of us . The trespassing was from a public place btw
MarkM19 (Texas)
Posts: 1,459
Posted:
Jeffery,
I think you are way over thinking this issue. I have never lived in a Condo Association and all my Board experience comes from Single Family Home developments. I my case as President of 2 separate HOA in Ca. and now Texas we know nothing about people that buy into our HOA. We get no information and we ask for none.

As I tell my HOs all the time with over 1400 homes in our HOA not everyone is going to be Angels. I am sure we have people that have a lot worse criminal record than yours. I also appreciate your honesty and your willing to do the right thing. It shows me that you made a mistake and it has made you a better person for it.

If for some reason they do give you any problems I would see if you have any websites like "Megan's Law" that shows Blue Dots over areas where Sexual predictors live. Depending on how many units you have in your HOA I bet you will find one of your neighbors has a lot more to hide than you do. I lived in Ft Lauderdale 35 years ago and Drugs were everywhere. I bet you will have many other neighbors you have similar baggage.

Good Luck
SheliaH (Indiana)
Posts: 6,964
Posted:
Yes, but that doesn't necessarily mean the deal will be squashed because someone in the household is an ex-con. people with a record could have problems if they try to move into public housing and many landlords may not rent to you if this shows up on a background check.

That said, I'm not aware of HOW's who automatically run criminal background checks on potentials owners. If they do that, the association could risk a discrimination charge, especially if the person has served his/her sentence, completed probation and has been out of trouble since then.

In this case, the man was charged with a misdemeanor, which isn't the same as a felony. Depending on where you live and the charge, some misdemeanors can be dismissed if you fulfill certain guidelines. I would be a little less concerned with a misdemeanor and more concerned with a felony, like child molestation because they usually can't move into a home that's close to areas where kids are likely to be.

The OP should discuss this with his probation officer to see what would be the best way to address this. If he doesn't have one, he may want to check if there's an organization in the area that assists ex cons with getting re-acclimated into the community.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JeffreyG (Florida)
Posts: 5
Posted:
Thank you so much for your kind words and knowledge I do feel a lot more relieved
JeffreyG (Florida)
Posts: 5
Posted:
My only issue here is that this HOA did send an application asking for all of our info bank accounts and criminal records that’s my concern and I forgot to put that on the criminal record section and turned in the papers like that and haven’t got response from them yet
AugustinD
Posts: 5,144
Posted:
Googling indicates that HOAs and condos do perform criminal background checks; are allowed to do so under the law; and yes, may reject someone based on her or his conviction.

HUD has put out some verbiage opining (not asserting, IMO) how rejecting someone on the basis of a conviction might be an element of unlawful discrimination under the Fair Housing Act, but it takes more than this one element.

The (unintentional) lying on a HOA/condo application is my concern here. Whatever the question on the application was, if a false answer was given, then this is some kind of fraud. It could be trouble down the line.

If JeffreyG plans to let the HOA know that he put incorrect information on the application, I would add the circumstances JeffreyG feels are extenuating (public space; non-violent). They are persuasive to me.

But for the grace of god go I (and the rest of the world). Good luck, JeffreyG.
MarkM19 (Texas)
Posts: 1,459
Posted:
Jeffery,
I guess I am confused and maybe a few more details would help.

1) Is the a Condo or Single family home?
2) How many other units are in this HOA?
3) What is the title on the Form from the HOA?
4) Do they control the Water, Electrical or TV/Internet and will be billing you through the HOA?
5) Is this Subsidized housing? Section 8?

I am not sure why they would be asking for this information.
MarkM19 (Texas)
Posts: 1,459
Posted:
So I guess I am confused by the HOA being so involved here.

If they are looking at everyone's past and are able to restrict who they allow in. What can they do in the future? If another young man commits a misdemeanor in the future do they kick the Family out of their Home? Seems crazy to me. Does this really happen? With all the discrimination laws out there I am shocked that HOAs would be able to do this type of background checking.
JeffreyG (Florida)
Posts: 5
Posted:
It’s a condo
Not sure how many townhouses
http://vlp2hoa.com/ Here is a link to the HOA official page of the houses
No section 8
KerryL1 (California)
Posts: 14,550
Posted:
We've seen this before in FL, MarkM. Boards can and do check on backgrounds of prospective and just as in Jeffrey's case. I assume we'll here from some of our experienced FL posters today. Meanwhile Augustin shows us where the Board's authority comes from.
MarkW18
Posts: 1,290
Posted:
I would check with HUD (Housing and Urban Development). Doing a background check could lead to a disminitation case.
GenoS (Florida)
Posts: 4,276
Posted:
JeffreyG, I would read through the place's CC&Rs to see if they're even allowed to screen potential owners and deny a sale on any grounds whatsoever. A lot of HOAs try to do this without the proper authorization, and unless it's written into their CC&Rs that they have the power to do that, then they don't.

Even if they do have the right to do so, I think you'd have a good housing discrimination case if they tried to keep you out for a past trespassing charge. An HOA usually has to conclude a prospective owner would pose some sort of threat to the community to justify denying a sale, and that usually means a prior convicion for a violent crime, drugs, or theft/embezzlement.

I'm not a lawyer but I really want to say, "Don't worry about it," but you should look into it some more. Start with the CC&Rs and see if they grant the association the power to deny ownership to those who don't pass their background check.
MarkW18
Posts: 1,290
Posted:
In doing research, it appears it ONLY happens in Florida.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yes. Florida has some odd rules many other states don't have. I do not agree with the background checks being done by a HOA for potential buyers. I think that job is left up to owners who are using the property for rental. That is how most states handle it. I am not sure how it works to have all 3 on the mortgage because there can only be one member...

It depends on how the HOA does their searches. My experience when having an apartment to do a background check they ONLY did the county they are located. I could have committed a crime in another state, county, or city. So not all background checks are the same. Plus can this conviction be expunged off your record after some time? Also this is a misdemeanor crime. Do they deny based on level of the crime? Is it Felony or misdemeanor level?

Would need more details on the actual search criteria/scope and how 3 people can be on 1 title...

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Melissa wrote: "I am not sure how it works to have all 3 on the mortgage because there can only be one member.."

Every owner is a member so it can be one or several who own a property and all are members. They must decide among themselves which member in their ownership group will cast a ballot for directors or on other topics that members vote on since there (usually) may be only one vote per household.

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