SunnyS (Florida)
Posts: 1
Posts: 1
Posted:
Our HOA doesn't think they can legally require background checks for rentals in our community.
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Require background checks for rentals
Started by SunnyS • 8 replies • 675 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It isn't that is why. The HOA does not rent or have a rental agreement with anyone.
Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Depends on State statues and your governing documents.
If the Association is not involved in the actual rental process, I would agree with your board.
However, I haven't read the applicable statutes or your governing documents.
If the Association is not involved in the actual rental process, I would agree with your board.
However, I haven't read the applicable statutes or your governing documents.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Hopefully one of our Florida regulars will chime in, but I think an association can require it - but this may be limited to condos. I have heard of some condos that have a say in who gets to rent in the community, which sort of implies the use of background checks.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Should add there are 2 different types of background checks. Plus they are not necessarily "free". There is the criminal check and the financial one. The HOA has no need for a credit check IMO of a renter. That is a landlord responsibility. A criminal check that could be either. However, it also gives one a false sense of security. The criminal check ONLY checks for the county your renting in. One can be wanted in every county in the state but that one. So they will pass the criminal check as that county has no record.
I would recommend instead to have your HOA request owners put in their lease agreements for renters to follow the HOA rules. This gives the owner the ability to evict their tenants if they violate the HOA rules. Otherwise, the HOA can ONLY hold the owner's feet to the ground instead of the tenant.
I would recommend instead to have your HOA request owners put in their lease agreements for renters to follow the HOA rules. This gives the owner the ability to evict their tenants if they violate the HOA rules. Otherwise, the HOA can ONLY hold the owner's feet to the ground instead of the tenant.
Former HOA President
MichaelS56 (Minnesota)
Posts: 858
Posts: 858
Posted:
Our association does not have background checks on "rentals" since we do not allow rentals only lease, which is for a minimum of six months. The owner of the townhome is held responsible for any and all violations by the leasee.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By SunnyS on 03/12/2024 7:12 PM
Our HOA doesn't think they can legally require background checks for rentals in our community.
Our HOA doesn't think they can legally require background checks for rentals in our community.
Chances are high that your HOA can in fact lawfully perform certain background checks and refuse a landlord's request to rent to certain tenants. It just depends on the wording in your HOA's covenants.
There are some fair housing law caveats.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Did you have a question? If comments are what you were looking for, Melissa, Cathy, Tim and ElleN (regular posters) have provided useful information.
I would think a smart landlord would want to do some sort of background check - it doesn't guarantee there won't be problems, but that, plus language in the rental agreement about complying with community rules can reduce the risk. Landlords should also be giving tenants a copy of the community rules, and I'd have them sign a form acknowledging receipt of the same (this way, they can't say they didn't know - and the landlord would be responsible for ensuring they had current information).
Just like owner-occupants, landlord-owners are members of the association and therefore legally obligated to comply with community rules. That includes members of their household and/or tenants. If someone breaks the rules, the landlord is the one who should be held responsible - how he or she straightens that out with the tenant is between them.
I would think a smart landlord would want to do some sort of background check - it doesn't guarantee there won't be problems, but that, plus language in the rental agreement about complying with community rules can reduce the risk. Landlords should also be giving tenants a copy of the community rules, and I'd have them sign a form acknowledging receipt of the same (this way, they can't say they didn't know - and the landlord would be responsible for ensuring they had current information).
Just like owner-occupants, landlord-owners are members of the association and therefore legally obligated to comply with community rules. That includes members of their household and/or tenants. If someone breaks the rules, the landlord is the one who should be held responsible - how he or she straightens that out with the tenant is between them.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
In Florida, you absolutly have the right to do background checks, financial and criminal, on prospective tenants. You have the right to approve or deny leases based on that background check. However, the information has to be used fairly and you will probably need to define what is a disqualification.
We do this all the time in our master association. We use an online portal that evaluates tenants. Many other associations in our area use this also.
One wrinkle to this - what do you documents say? Do they have any language about approving leases? If not, you would be safer to add that language in.
I would recommend that you contact your association attorney about specifics in your case. They will be the most helpful in getting this set up.
We do this all the time in our master association. We use an online portal that evaluates tenants. Many other associations in our area use this also.
One wrinkle to this - what do you documents say? Do they have any language about approving leases? If not, you would be safer to add that language in.
I would recommend that you contact your association attorney about specifics in your case. They will be the most helpful in getting this set up.
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