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An association may deny a potential buyer or renter if they fail to meet certain criteria established in the association bylaws. Your HOA may also want to verify that you are financially sound enough to maintain your home as expected. The owner of the unit remains responsible for all payments to the association, so the credit history of a prospective tenant is not really relevant. Considering all of the above, it is important for officers and board members of a condominium association to rely on experienced counsel to help them when faced with these types of claims. If the proposed tenant or buyer is or has been in violation of the association documents. that screening is now used as device to decide, 'Who do we want living here?'" The Fair Housing Act (FHA) is the federal law that prohibits housing providers (including condominiums and homeowner's associations) from enforcing rules and covenants that discriminate on the. If there is something inherent in the buyers application which goes against the rules of the association, the HOA could deny a buyer. In Florida, as opposed to many other states, HOAs and condo associations have a good amount of say in approving potential buyers and renters. Finally, Operating Rules [4340 - 4370], Applycheck, LLC: Florida HOA Backround Checks, Florida Community Association Professionals: Why Condominium Associations Must Carefully Evaluate Their Long-Standing Tenant Approval Policies, Florida Today: The Fair Housing Act and Criminal Background Checks, American Bar Association: Directory of State and Local Bar Associations, How to clean a showerhead, according to an expert, How to Evaluate HOA Property Management Companies, How to Work With Difficult People on a Condo Board. For this reason, and with all the HOAs and community associations in Florida, lawmakers gave associations the ability to choose potential tenants thoughtfully. Can I be my wife's proxy to the condo association board? reasons for denial. Interviewing new neighbors could be as simple as setting up a screening process with a committee. Amending the Florida Fair Housing Act, the new law strictly prohibits landlords from denying housing to any person with a disability or disability-related need who owns an Emotional Support Animal or acquires one in the future.
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