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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2192
Experience:  Experience in residential real estate and commercial leases.
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We are a condominium association in Florida. We have 430

Customer Question

We are a condominium association in Florida.
We have 430 unit owners as members and most of them reside in their unit.
However, some of them rent out their apartments and we realize that when problems arise in the community and/or rules are breached, it is often caused by a renter.
Although we are aware that it is the unit owner who is responsible for any problem that may arise in connection with his apartment, the relations between this owner and the association suffer and we would like to avoid this.
Question: Would it be considered discriminatory if we had a rule that allowed us to conduct background and/or credit checks only on potential renters but not buyers?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

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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Expert:  J. Warren replied 4 months ago.

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