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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4198
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Does a Florida HOA have to approve an application to by a

Customer Question

Does a Florida HOA have to approve an application to by a home if the applicant is a multi state sex offender?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist you today.

The HOA is governed by the by laws and other governing documents, and that will determine whether the sex offender list is a consideration. The HOA has to act within those documents, so if that is not something that is listed as something that disqualifies a buyer, then the HOA would need a different legitimate reason for denying the application.

Kim

Customer: replied 1 year ago.
Can a rules be established instead of an amendment by emergency meeting because a situation like this will not only affect the safety of the neighborhood, but if they are registered be able to be located on a map, so this will affect property values. In addition, divorced individuals can have visitation denied because of this etc... It negatively affects the community and their investments..
Expert:  KimberlyLaw replied 1 year ago.

Right, I understand your concerns, and they are valid. You can make emergency changes to the rules according to the by laws, so you have to look at those documents for the process to see if you can do this.

Since this is such a great concern, check out the rules, follow them as best you can, and then if you need to actually change the rules then do that. This is a good opportunity to re-evaluate your criteria for approving buyers. There is a reason why you go through that process. Otherwise you wouldn't have an HOA at all, so take a close look at the governing documents and get them changed to reflect the intentions of the members.

Best of luck,
Kim

Customer: replied 1 year ago.
Right, but it's rules verses amendments. 30 days is the limit for approval, or denial, after they are are automatically approved? Amendments have a certain procedure one must follow. Rules can be enacted via an emergency meeting just by board vote. Megan's Law in Florida says that everyone in the community must be made aware, so is there some way we can deny via Megan's law
Expert:  KimberlyLaw replied 1 year ago.

Well thank you for that new information. Keep in mind, I don't have your rules and other governing documents, so I have to refer you to those.

If you can enact a rule by an emergency vote then that's the way to go. That seems to take care of the issue and then will give you legitimate grounds to deny the application. Again, I also mentioned finding another legitimate reason to deny and then taking your time redoing the rules. You might have another issue that you can look at that will enable you to deny this. I would thoroughly review it. But either way, if you are allowed to do the emergency vote then you have no issue.

Kim

Customer: replied 1 year ago.
I was thinking, if we must make people aware then the sellers might not know of this circumstance regarding their buyer. Just a horrible situation..
Expert:  KimberlyLaw replied 1 year ago.

Well you certainly have the right to have a conversation with the sellers. Has that not happened yet? I would just pick up the phone and express your concerns to the seller, they might be willing to withdraw the application.

Kim

Expert:  KimberlyLaw replied 1 year ago.

Hi there,

I see that your question is still open. I need to close out the questions that I answered from last week, so that I get paid for my work. This is my sole means of income. Also, if you do not close the question and provide feedback of 4 or 5 the system may keep your money.

Thank you and take care!

Kim

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