Real Estate Law
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It is possible, however the condo’s governing documents would need to be amended to include the boards right to require a tenant application. In other words the board can not just adopt a rule, it must change the covenant documents. It is possible but is not something that can be put into place without proper amendment which likely will require the owner’s votes to approve such an amendment. Once a policy is in place, the board must be careful when screening to do so in a matter that does not subject the associations to liability under discrimination laws. You may want to review the current governing documents carefully to make sure there is not a provision that states that the board has authority to screen tenants.
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