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I signed a lease and had to apply for the HOA but I started…

Customer Question
I signed a lease...

I signed a lease and had to apply for the HOA but I started moving in today I received a letter stating that my application was denied but will not give me a reason

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

It states that the application did not fulfill the assoc requirements conforming tot he the guidelines what steps can I take

Lawyer's Assistant: Where is the property located?

Jupiter F: FL

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

I sent am email & this was the response. Pam:I know your lease application was rejected due to several issues the BOD had with it. Beyond that I’m not at liberty to discuss.

Submitted: 1 month ago.Category: Real Estate Law
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Customer reply replied 1 month ago
What steps can I take - is there an appeal process?
Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 1 month ago
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Answered in 3 minutes by:
3/14/2018
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 1 month ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 123,276
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, if you signed a lease that was contingent upon approval by the HOA and the HOA did not approve you, then that is grounds to terminate the lease. The HOA has a right to approve lessees and that approval shall not be unreasonably denied. So in order to fight the HOA, you have to prove their denial was unreasonable.

The only legal appeal you can have as a tenant is to the BOD, the courts will not get involved UNLESS you can prove there is no rational or reasonable basis for denying your tenancy. If you can prove the BOD is unreasonable in denying your tenancy, then you can sue in court for damages for the denial of the lease.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
but how can I find out why I was denied when they wont tell me this was the email I got
Pam:I know your lease application was rejected due to several issues the BOD had with it. Beyond that I’m not at liberty to discuss.
Customer reply replied 1 month ago
How do I find out what the issue are?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 1 month ago

Thank you for your reply.

You need to write a letter to the BOD and in the letter state that they cannot unreasonably deny your tenancy and if they refuse to disclose the reasonable grounds for denial, you have no choice but to take legal action against them for the unreasonable denial. That is all you can do I am afraid, send a demand letter and then sue if the BOD itself refuses to disclose.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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