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New HOA reg. regarding tenants

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Latest post Wed, Aug 5 2009 3:44 PM by Drew. 3 replies.
  • Tue, Aug 4 2009 9:00 PM

    New HOA reg. regarding tenants

    I reside and also lease out a house in a FL subdivision with an HOA.  Recently the board decided to add a provision to the bylaws requiring all adult tenants to have a yearly background check followed by approval of the rental committee upon lease renewal for a $50 per person fee.  (IMO, yearly background checks of longtime tenants is overkill and should only be required once, but, that is another argument)...

    I printed off the Rental Application for my tenant to fill out and I'm not happy with the amount of info they are requesting such as Rental Rate, Gross Monthly Pay from both present and a previous employer, and if tenant ever filed Bankruptcy. 

    Since the reason given to me was that they are trying to make our subdivision safer by excluding criminals and sex offenders, it doesn't seem necessary for the HOA to know the above stated info. 

    Does anybody know if it is legal in FL for an HOA to require this particular information in order to lease within a subdivision.

    Thanks :) 

  • Tue, Aug 4 2009 10:26 PM In reply to

    Re: New HOA reg. regarding tenants

    As long as the amendment was voted on and enacted per the CC&Rs and bylaws, then the HOA can ask anything they want and punish you for not complying.

    Your recourse is to attend meetings and vote on who runs the place and what rules they make.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Aug 5 2009 10:44 AM In reply to

    • Ford
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,824

    HOAs aren't about necessity . . .

    They are about busy-bodies who want to be all up in everyone's business.

    If the landlord can request it, the HOA can probably request it also.  An HOA is like another level of government, a level which isn't always constrained by the Constitution.

  • Wed, Aug 5 2009 3:44 PM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: New HOA reg. regarding tenants

    So long as HOA is not overtly singling out tenants of one race or sex or such games the HOA is free to ask about tenants grandparents educational background and military service  or wallpaper preferences or whatever they want and is properly approved.....

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