Home Buying in 33308>Question Details

Imal, Home Buyer in 33308

We are in process of condo purchase in Ft Lauderdale Florida. Condo board wants personal info (social security #, driver lic etc is this legal

Asked by Imal, 33308 Wed Mar 14, 2012

we are concerned about privacy and identity theft

Help the community by answering this question:


Eileen Kedersha’s answer
SInce a condo association has a right (often an obligation under their By Laws or Articles of Incorporation) to conduct a background, security and financial check, I believe it is a moot point as to the legality. They cannot force you to give them your social security, nor do they have to approve you. If you do not want to give the information to complete the background check you will likely be rejected by the association. By the way this protects the other residents and yourself if you become a resident. An individual that is having financial difficulties before they make a purchase may well stop paying their monthly maintenance which will result in the other residents to pay the short fall. Not something that you or any other resident will enjoy.

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Eileen Kedersha, CLHMS
One Sotheby’s International Realty
Kedersha Group
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1 vote Thank Flag Link Wed Mar 14, 2012
Great response! Hear your real estate market is busy
2 votes Thank Flag Link Tue Jan 15, 2013
It is not illegal to ask for these documents. Should you not want to disclose, they will not sell to you and that is the end of story.
If you are a foreigner with none of these documents, you will still have to show an identification such as a passport and your will more than likely have to apply for a tax ID which is issued by the social security administration.
These are the rules.
George Beckhart
1 vote Thank Flag Link Wed Mar 14, 2012
Our Condo Board, on condition of being accepted for a loan, was asked to move all of our funds in existing accounts at another bank to the bank that was willing to grant us a 1+ million dollar construction loan. Should the closing of the accounts at the previous bank and the opening of the new accounts at the bank that was granting us the construction loan have been a resolution at a general board meeting? In other words, should there be a formal Board resolution that we close existing accounts at "said" bank and name the amounts in each account and move all accounts in the same total amount of money to the other bank as condition of the construction loan? We are talking about 1+ to 2 million dollars. Shouldn't we be transparent and move this at a meeting - and also so that we have a "paper trail" in minutes that this was done? Our accountant and auditor advise that we do this at a Board meeting for transparency and to meet legal guidelines, but our Board President thinks that the Board can just do this as a normal management function. The other four members of our Board are for "transparency" and creating a paper trail that this has occurred via Board Minutes.
0 votes Thank Flag Link Fri Aug 29, 2014
The condo association is concerned about safety and your ability to pay both your mortgage and HOA fees. This is legal and their simply running a background check to make certain that you don't have a criminal record.
0 votes Thank Flag Link Tue Dec 18, 2012
Yes it is, The HOA is trying to make sure there are no issues with criminal and sometimes credit record before approving new owner.
0 votes Thank Flag Link Tue Dec 18, 2012

I understand your concern about privacy and identity theft.

I found a legal advice site where your very question was posed. A link to the site is at the bottom of this message.

Kind regards,

Chad Gray, Realtor
Luxury Living Fort Lauderdale
0 votes Thank Flag Link Wed May 2, 2012
Hello Imal,

This is completely common here in FL.
The condo association will check the buyers' background/criminal history and credit history.
They also might check personal references.

I haven't heard of any problems arising from the condo association/management checking of the buyer's background etc.

Best of luck with your purchase,

Irina Karan
Beachfront Realty, Inc.
0 votes Thank Flag Link Mon Apr 30, 2012
Hello, Yes this is commonplace. It is actually beneficial to you since your new neighbors were subjected to the same standards and reviews, in the long run, you will appreciate this.
0 votes Thank Flag Link Fri Mar 16, 2012

I understand your concern. However, the personal information is for the protection of the condo community. By getting a background check, credit check and verifying that there aren't outstanding warrants or any other legal issues that would impact the community negatively, the Board insures a high stand of Owners.

Hope this helps.

Maria Sabio
0 votes Thank Flag Link Thu Mar 15, 2012
Dear Homebuyer,

I am not in the capacity to give you legal advice, however I usually suggest to all my clients to reveal only the last 4 digits of their bank accounts. Most of the associations will accept it.
Unfortunately, you must provide SS number and Driver License information. The association will conclude credit and background check.

It is not such a bad thing anyway. Considering that all occupants underwent the same procedure, you can rest assure that there are no criminals or financially unstable individuals in the development.

For more comprehensive answers I will recommend to visit this site: http://www.condolaws.net
They provide free consolation.

Best of luck for you!
Iliana Ivanova P.A.
Licensed Broker
Riverview Realty
E-mail: flroida.bestrealtor@gmail.com
0 votes Thank Flag Link Thu Mar 15, 2012

Legality is an issue best determined by an attorney.

The normal process of application to live in a condo or townhouse community does involve asking for your social security number, drivers license number, banking information, a credit and a background check. You will also be asked for a copy of your drivers license.

There are rules and regulations regarding the safety of your personal identifying information. One would hope that your association follows the rules.

If I can be of further service, please let me know.

Nadine Mauro
Highlight Realty
0 votes Thank Flag Link Wed Mar 14, 2012
You may want to contact an Attorney when it comes to opinion.
It is not illegal to ask for these documents when you purchase a property in an Association.

Best Regards,
When it comes to Licensed Realtor & making financial
decision you want the best Realtor in South Florida & USA.
One you can count on. Then you have come to the right place.
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Raj Kumar Ramkerath
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E-mail: raj@eliteinvestorsrealty.com
E-mail: rramkerath@aol.com
Cell: 954-288-0386
0 votes Thank Flag Link Wed Mar 14, 2012
it is normal for associations to ask for personal information, including proof of income and assets. They use this information to screen prospective owners to ensure there are no safety concerns and that the prospective owner can afford to live in the community and pay their monthly maintenance and any special assessments that arise.
0 votes Thank Flag Link Wed Mar 14, 2012
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