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We have been dienied a lease by the Condo Association

Hi, We have been...

Hi, We have been dienied a lease by the Condo Association without reason. The owner approved us, we pass all background checks, ahve no criminal or any tainted history whatsoever. The Association is refusing to give us a reason for denying us, no interviews were done, no references checked...

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Nothing at all

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They just took our application money and heard through the realtor, who heard through the property manager, who heard from someone that the board has denied us. No call, no letter, no reason...and still refusing to give a reason. What are our rights?

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Answered in 5 minutes by:
12/19/2017
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 61,523
Experience: Experienced lawyer
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Hello and welcome. I am working on your answer and will be right back!

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The owner should press the association to approve and at the very least you should get all fees returned. The association normally has discretion and need not given a reason but it cannot discriminate against you or against the owner. If owner presses and if a lawyer letter is sent, the hoa may worry about lawsuit and accomodate.

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Please let me know if that makes sense and is acceptable.

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Customer reply replied 5 months ago
The owner has been pressing and also trying to contact the board, and has been unsuccessful in getting a response from them, via email or phone call. We have informed the association that we will be taking legal action and they have just said their decision is final...we again asked for what reason and they declined to answer. The rumor is that they think we are young party animals for some reason just because we are 25 and 26 respectively, no character references were called though, no interview was done...so its pure assumption based on a number on a page. Can they really deny you without any reason? or at least without being required to state the reason for denying you?

They do not need to give a reason and that is standard practice. If they give an illegal reason then it is actionable.

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A lawyer letter may prompt a reaction and explanation

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also, owner may be able to get house rules which may require a process for review and not let hoa act totally within its discretion.

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If you fall into a suspect class based on race, age, nationality, or other discriminatory potential, that could be basis for an inquiry too.

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Customer reply replied 5 months ago
if they do not need to give a reason...how does one know if their reason for denying you is illegal...it does not make sense.
As far as we know they are just collecting application fees. You cannot tell me there is nothing that protects applicants from stuff like that?
Customer reply replied 5 months ago
Well I am South African, and Rebecca is Jewish...

If the reason comes out, if they continue denying and acting unreasonably, if the people being denied fall into a suspect class.

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If board based on owner insight has discriminatory inclinations or wants to keep building wasp or otherwise, you can file a claim.

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again, a lawyer letter should get more of a reaction and may lead to settlement as the hoa will often want to avoid the cost, risk and press of a discrimination litigation.

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Does that make sense and is my answer acceptable?

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Customer reply replied 5 months ago
Ok, so say they eventually just come up with some BS excuse just for the sake of...like, "oh they are too young" ..is that then just acceptable because they gave a reason and that is that?

reasons that are not related to financial ability to pay tend to be closely looked at and suspected as discriminatory, as hoa should only care about paying and well mannered tenants.

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Kindly take a moment to rate me positively. that is the only way I get credit for the answers.

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Customer reply replied 5 months ago
essentially...just get a lawyer involved and let him send a letter and see what happens? I just, it surely cannot be that an Association has this ultimate unquestionable authority to deny or approve someome without any sound reason

correct, and preferably join with the owner in doing so.

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Customer reply replied 5 months ago
of course, how and where can I rate your answers sir?

There is a rating button on your page. should be on top. If you dont find it quickly, just reply back "5 stars"

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Customer reply replied 5 months ago
Do you know where I might be able to view the associations governing directives? they are supposed to be publicly published documents...
Customer reply replied 5 months ago
Ah yes I see...is that at the end, or rate for every question?

Normally per question.

Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 61,523
Experience: Experienced lawyer
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Infolawyer and 87 other Real Estate Law Specialists are ready to help you
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as I answered several, you can do it just once, but would appreciate a bonus if you found my replies fast and on point.

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Customer reply replied 5 months ago
I had asked if you knew where I could find the Associations governing directives?
Customer reply replied 5 months ago
It is supposed to be publicly viewable...

The association would have the directives. Normally not publicly available.

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Customer reply replied 5 months ago
I would not be able to get a copy of it? ..the owner should have a copy of the directives no?

owner should have it or be able to get it.

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Customer reply replied 5 months ago
Last question please, what constitutes an acceptable reason for denying someone...really in our case there is no reason...we own 2 properties here in Miami, we can afford it, we has zero background issues...so what can possibly be an accepted reason for denying?

concern about noise/disturbing neighbors, financial issues.

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Customer reply replied 5 months ago
I. personally am an international sportsmen, I mean,....our standing is nothing questionable at all....
Customer reply replied 5 months ago
Ok, and do these "reasons" need to have a grounds? or pure false assumption is fine?

Makes no sense to me. Good luck. Kindly consider leaving a bonus for the various answers I provided.

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should have basis.

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Customer reply replied 5 months ago
ok, thank you.

very welcome.

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