I need to create a form for a prospective purchaser of a small condo community (14 units). Is it unlawful to ask for employment history and receive consent for a criminal background check?

Is this info required as part of the HOA by-laws?

So you are talking about a person who is buying all 14 condo's from what you wrote, correct? You can ask for anything you want but you have no right to demand it. I'm a little confused as to why you care if this is a sale. I do renter's background checks but not for a sale.

Quote:

---

Originally Posted by ScottGem

Is this info required as part of the HOA by-laws?

---

I believe it is not required. The current Board of Directors (myself included) is looking to avoid an undesirable purchaser. The people selling are trying to leave because they cannot aford to live there. The people who want to buy the unit have no social security numbers, 0 credit rating on the 3 services and cannot show proof they are capable of affording the condo dues.

Unless the bylaws of the HOA require that the board approves any purchaser, then you are out of luck. In that case you have no say in who they sell to. However, many HOAs do have such a provision built in. So you need to check the by-laws. If its not that, you need to consult the association counsel and see if you can add such a provision and make it retroactive.

It sounds a bit like you are reaching beyond your authority. If these are dead beats they will not likely get financing. Have you read your articles and found that you have some authority to approve a purchaser? I would be very surprised if you have that authority.