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    dabriggs's Avatar
    dabriggs Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 29, 2011, 07:51 AM
    Condo rights
    Can a condo association charge potential tenants $100.00 fee to conduct a background check? Isn't the condo "owner" supposed to be the one who does that? And does the association have the right to turn down a potential tenant?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 29, 2011, 09:04 AM
    Quote Originally Posted by dabriggs View Post
    Can a condo association charge potential tenants $100.00 fee to conduct a background check? Isn't the condo "owner" supposed to be the one who does that? And does the association have the right to turn down a potential tenant?
    Hello d:

    Yes. No. Yes.

    I say that, because a condo association CAN legally do those things, but it must be authorized in their by-laws. Now, I don't know if THIS HOA is following the rules or making them up as they go along.

    You can certainly ASK them to show you the rules. If they denied your application, and it looks like they did, and there's NO rule that authorizes them to charge you, you can sue them for your $100.

    excon
    dabriggs's Avatar
    dabriggs Posts: 2, Reputation: 1
    New Member
     
    #3

    Jan 29, 2011, 09:17 AM
    Comment on excon's post
    I've been told by a board member, the president & property assoc manager "dictate" what & what not members are allowed to do. The other board members just simply go along with these two because they don't know the laws or their rights!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jan 29, 2011, 09:23 AM
    Quote Originally Posted by dabriggs View Post
    I've been told by a board member, the president & property assoc manager "dictate" what & what not members are allowed to do.
    Hello again, d:

    That's the way MOST HOA'S operate. They're little dictatorships run by a gestapo... You should be GLAD they turned you down...

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #5

    Jan 29, 2011, 10:39 AM

    HOAs are governed by by-laws like Excon says. Those papers were given to you if/when you bought. I can't tell yet if your are the owner renting or if you're the renter. Once their by-laws and covenants are filed with the state they are also allowed to make rules and regulations. Demand a copy of the rule/reg they claim to be enforcing. I have seen them do what you describe as well as ban all rentals outright.

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