JessieK1 (Florida)
Posts: 2
Posts: 2
Posted:
What are the Florida Law criteria for approving or denying an applicant?
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DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
I'm not sure but clarifying your post would help get answers. Is this an application for renting, buying, or something else?
Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
I would expect that for private entities, what would or wouldn't qualify would be determined by those making the screening.
It's a different issue if those doing the screening are in violation of fair housing act.
It's a different issue if those doing the screening are in violation of fair housing act.
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Quote:
Posted By JessieK1 on 01/20/2024 6:26 AM
What are the Florida Law criteria for approving or denying an applicant?
What are the Florida Law criteria for approving or denying an applicant?
From the web, “ One of the HOA’s duties is to determine whether potential buyers and tenants meet the resident criteria outlined in the association’s governing documents.
As a result of this duty, in particular, HOAs have the right to deny or approve real estate transactions in their community. In particular, HOA and Condo Owners Association (COA) laws in Florida allow the associations wide-reaching capabilities to either approve or disapprove rental or purchasing contracts. Still, certain limitations on this power do exist. In Florida, HOAs are expected to comply with the Federal Fair Housing Act, Florida statute and local codes and ordinances, and their own governing documents. Furthermore, HOAs and COAs must apply these laws and regulations fairly.”
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
I found the article Dean cited.
The Article is from a law firm but does not go into specifics about the applicable law. They also don't specify or cite any portion of the applicable statutes.
A different article from a different law firm specifies that an Association can deny sales if the CC&Rs specify it and lists criteria.
Per that article:
There are four legal reasons associations can deny potential buyers or renters:
1. Violation of a rule outlined in the governing documents;
2. A propensity to violate rules and regulations in the past (e.g., an applicant, who lived in the association as a tenant and now wants to buy a property, is known to have violated the community’s rules);
3. Material misrepresentation on the potential buyer or renter’s applications (e.g., if the association asks about the applicant’s criminal history but the applicants lies, the association has legal grounds to deny the application); and
4. The prospective buyer or renter has been convicted of a felony for violent crimes or crimes involving property, and their civil rights have not been restored.
The Article is from a law firm but does not go into specifics about the applicable law. They also don't specify or cite any portion of the applicable statutes.
A different article from a different law firm specifies that an Association can deny sales if the CC&Rs specify it and lists criteria.
Per that article:
There are four legal reasons associations can deny potential buyers or renters:
1. Violation of a rule outlined in the governing documents;
2. A propensity to violate rules and regulations in the past (e.g., an applicant, who lived in the association as a tenant and now wants to buy a property, is known to have violated the community’s rules);
3. Material misrepresentation on the potential buyer or renter’s applications (e.g., if the association asks about the applicant’s criminal history but the applicants lies, the association has legal grounds to deny the application); and
4. The prospective buyer or renter has been convicted of a felony for violent crimes or crimes involving property, and their civil rights have not been restored.
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
We have language that follows the FS 720 in our documents and we do screen tenants and buyers. We use a third party system, used by a lot of COAs and HOAs here, that follows all the rules. They do the background and credit checks and spit out a report. Usually we follow their recommendations but we can deviate. For example, we had a potential resident who was convicted of a drunk in public charge many years ago. The report said we should reject him - but since it was his only offense and no trouble since, we let him rent the place.
I'm not sure if it's the demographics of our community, but we run the checks and ok about 99% of the people who apply. It's extremely rare to reject someone. However, the language is there just in case.
I'm not sure if it's the demographics of our community, but we run the checks and ok about 99% of the people who apply. It's extremely rare to reject someone. However, the language is there just in case.
JessieK1 (Florida)
Posts: 2
Posts: 2
Posted:
Quote:
Posted By JessieK1 on 01/20/2024 6:26 AM
What are the Florida Law criteria for approving or denying an applicant?
What are the Florida Law criteria for approving or denying an applicant?
It's an HOA co-op. The corporation owns the land as Shareholders. The background is for the purchase of units or empty lots.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By JessieK1 on 01/20/2024 6:26 AM
What are the Florida Law criteria for approving or denying an applicant?
What are the Florida Law criteria for approving or denying an applicant?
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