Some friends of mine are buying their first home. They have to apply to the HOA. Do HOA's have any right to ask you to apply?

Asked by Jon, Macon, GA Tue May 29, 2012

Among various other things, the HOA is asking them to provide copies of their criminal record, proof of car insurance, and I believe a driving history. Although they aren't very worried about it, they do have criminal records. I don't believe it is anything involving felonies, but they have been in trouble before.

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Annette Lawrence’s answer
Annette Law…, Agent, Palm Harbor, FL
Wed Jul 4, 2012
There is some bad advise below. Your friends, if they wish to live there, suspect they will be denied, should take the HOA docs, covenants and R&R, to an attorney. There are limits regarding what HOA officers can ask, and even greater limits on what they can impose, here in the great state of Florida.

Let me further advise, gaining residential status in a community that does not want you there is not a formula for peaceful co-existence. Even if your friends win, and litigate their way in, they can lose in the long run.

Take great care regarding that for which you wish.
0 votes
Lu Cohen, Agent, Palm Beach Gardens, FL
Tue May 29, 2012
Yes the HOA can ask for an application. I am not sure they can deny them on criminal history if they paid their debt to society. I would ask the property manager who is taking the application or an attorney. Honesty is your best policy. Good luck to your friends.
0 votes
Nadine Mauro, Agent, Lake Worth, FL
Tue May 29, 2012
Hi Jon,

They should address their questions to their attorney. Depending on the nature of the infractions the association may have the right to decline them. If the infractions were a long time ago it mey not be a problem. If its something recent and deemed serious by the "powers that be", it could prevent them from living in that community.

I wish them the best of luck.

Nadine Mauro
Highlight Realty
0 votes
Ron Thomas, Agent, Fresno, CA
Tue May 29, 2012
And people wonder why I am not real high on HOA's.

Conversely, have your friends done their due-diligence on the HOA?
Is it a good place to live?
Do the residents like their HOA; or is it repressive?
Have they seen a copy of the CCR's?
Is the HOA solvent?

It works both ways.
0 votes
Nicole Marks…, Agent, Boca Raton, FL
Tue May 29, 2012
Hi Jon. This is a legal question, but I believe the answer is "yes" to all of your questions. I have seen those types of questions on HOA applications. I'm sure you can understand why a community would prefer to have residents living there that are not problematic. It is probably in your friend's best interest to consult an attorney to discuss this.

I wish your friends the best of luck in finding a home.

Nicole Marks Mason, Realtor
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