Rental Basics in Tampa>Question Details

Melinda, Home Buyer in Tampa, FL

I couldn't sell my home and FINALLY found someone to rent it. However, my HOA is threatening to deny them.

Asked by Melinda, Tampa, FL Sun Mar 1, 2009

Can they do that? If I have the tenant move in anyway can the HOA do anything?

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I believe the first thing you should remember is that everyone is feeling the pinch - including your HOA. So try to work with them. Findout the reason they are denying your client and see if there is a solution - they don't want to have to deal with an owner who is in financial hardship as much as they don't want a bad tenant. If it is the management company that is holding you up - then see if your president or board of directors will talk with you.

It is hard to know what you are dealing with without knowing where you are talking about. I am assuming that if they are checking backgrounds you are either in a condominium or a strict HOA like Harbour Island. If the tenant is unworkable - try taking just a small discount on your monthly rent and get another renter quick to ease the financial burden. Good-luck.
0 votes Thank Flag Link Sun Mar 1, 2009
Threating to deny an applicant without merit - may be a violation of fiduciary obligation to the tenant! The HOA may have very good grounds to deny the applicant, background of the potential tenant and/or occupants could be one reason. I've had several tenants denied on the results of a credit check, etc. I've seen many applicants approved- that I thought would be rejected.

Read the guidelines that the HOA are using to determine the qualiifications of the applicant. Talk to the Board of Directors or Management Company about this matter. Exceptions are commonplace and if you try, you will succeed
0 votes Thank Flag Link Sun Mar 1, 2009
If there is a stipulation in the homeowner doc's allowing the association final approval of any tenant then you have a problem. Why are they turning down the tenant is the question.

If you let them move in without approval you could be subject to fines, a lien placed against the property and other legal actions.

If they have grounds to deny the tenant you should get that it writing and check to make sure they are not violating law.

Feel free to contact me directly if you have additional questions.
0 votes Thank Flag Link Sun Mar 1, 2009
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