[helpisneeded]

I own a condo in Florida which I rent out. I submitted an application to the board but they will not tell me why they rejected my tenant. Are their any condo attorneys who have actual case law regarding this issue.

Thank you in advance

Hank

[excon]

Hello h:

I can't imagine WHY you submitted your tenant application to the board for approval... Or, maybe I should be surprised that you GAVE the board final approval over YOUR tenants...

That's because they have NO incentive to approve ANY tenant you submit, and EVERY incentive to block all of them. Your vacant unit doesn't cost THEM any money.

So, being as you don't sound like a guy who gives away his rights, the first place I'd look is whether they actually HAVE the right to approve of your tenant... That would be in your by-laws. Me thinks, they don't.

excon

[helpisneeded]

Hello h:

I can't imagine WHY you submitted your tenant application to the board for approval... Or, maybe I should be surprised that you GAVE the board final approval over YOUR tenants...

They have NO incentive to approve ANY tenant you submit, and EVER incentive to block every one.

So, being as you don't sound like a guy who gives away his rights, the first place I'd look is whether they actually HAVE the right to approve of your tenant... That would be in your by-laws. Me thinks, they don't.

excon

It is in the by laws that I have to submit an application.

[excon]

It is in the by laws that I have to submit an application.

Hello again, h:

Bummer. Does it also say they have to TELL you why they rejected your prospect? Does it mandate the criteria the board should USE for evaluating your tenant? If not, I don't think they're violating ANY laws. You just gave 'em powers they SHOULDN'T have, In my opinion.

excon

[JudyKayTee]

If they did a background check it's possible that the board found info which it is not comfortable disclosing to you without the consent of the prospective tenant.

If a SECOND applicant is turned down, then I'd consult with an Attorney.

[helpisneeded]

If they did a background check it's possible that the board found info which it is not comfortable disclosing to you without the consent of the prospective tenant.

If a SECOND applicant is turned down, then I'd consult with an Attorney.

I did a background check and the applicant has never been arrested. They never contacted the tenant.

[helpisneeded]

Are their any condo attorney's who know the answer to my question and have case law?

[JudyKayTee]

No, not that I know of. If you want that detailed a response you will have to retain an Attorney.

The fact that YOUR background check turned up nothing doesn't mean that THEIRS turned up nothing. I do background checks - and that happens all the time. Depends on who is doing the asking.

I have no idea what case law you are looking for - you signed (apparently) an agreement with the HOA and that ageement is a binding contract. If it says they have to give you the info, then they have to give you the info.

If it says they don't have to give you the info, then they don't.

[ScottGem]

First, you were asked what the by-laws say about renting your unit.

Depending on what it says, you may be able to sue the board for the rental you have lost if they arbitrarily rejected your tenant.

[helpisneeded]

No, not that I know of. If you want that detailed a response you will have to retain an Attorney.

The fact that YOUR background check turned up nothing doesn't mean that THEIRS turned up nothing. I do background checks - and that happens all the time. Depends on who is doing the asking.

I have no idea what case law you are looking for - you signed (apparently) an agreement with the HOA and that ageement is a binding contract. If it says they have to give you the info, then they have to give you the info.

If it says they don't have to give you the info, then they don't.

My background check was done by Law enforcement so I cannot figure out what they could have found that I could not have found. The condo Docs do not stipulate that they do or do not have to tell me and that is why I was asking if anyone had case law.

[helpisneeded]

First, you were asked what the by-laws say about renting your unit.

Depending on what it says, you may be able to sue the board for the rental you have lost if they arbitrarily rejected your tenant.

By laws say nothing. The Docs only state that an application has to be submitted.

I cannot prove they arbitrarily rejected my ternant because they will not give me a reason and that was the basis for starting this post. What is the law in Florida and does anyone here who is a condo attorney have case law. If not, then can any lawyer guide me in the right direction on how to find it?

[helpisneeded]

If they did a background check it's possible that the board found info which it is not comfortable disclosing to you without the consent of the prospective tenant.

If a SECOND applicant is turned down, then I'd consult with an Attorney.

If the prospective tenant requested from them the reason they rejected their application then would they have to by Florida law tell him ?

[excon]

Hello help:

This is NOT condo law. It's contract law. As we have determined, you signed a legally deficient contract. It doesn't address the particular matters that concern YOU, and THAT'S what makes it deficient...

There's NOTHING you can do about it except to SUE and have a judge determine WHO'S rights should be sustained - yours or the board..

Although your by laws are deficient in one respect, let's hope they aren't in another. Therefore, SOMEWHERE in your documents, it MUST tell you HOW you are to challenge a board of directors decision. THAT is the path to take. Once you have sought your remedies from the board, and been denied, you can sue.

Then YOU'LL make case law, and the next guy that comes along looking for it will have YOU to thank.

excon

[JudyKayTee]

If the prospective tenant requested from them the reason they rejected their application then would they have to by florida law tell him ?

This is a CONTRACT between homeowner and HOA. The transaction, as such, is covered by the HOA agreement unless the terms in that agreement fly in the face of the law. I don't see that.

[ScottGem]

Not everything is governed by statutory law. As pointed out, unless there is a specific law that addresses this issue and I doubt if there is, then the contract governs. HOA bylaws are notorious for this type of thing. But since you voluntarily agreed to those by-laws by purchasing the condo, you are stuck with them.

[helpisneeded]

This is a CONTRACT between homeowner and HOA. The transaction, as such, is covered by the HOA agreement unless the terms in that agreement fly in the face of the law. I don't see that.

The HOA by laws do not have a provision listed anywhere and that is why I am asking the questions about what is Florida law. I have read through the entire HOA Docs and I also went on line and read through every amendement.

[helpisneeded]

Not everything is governed by statutory law. As pointed out, unless there is a specific law that addresses this issue and I doubt if there is, then the contract governs. HOA bylaws are notorious for this type of thing. But since you voluntarily agreed to those by-laws by purchasing the condo, you are stuck with them.

I agree with you when you state that when a person purchases a condo they agree to the by laws. But since it does not state in the by laws that they do not have to give me a reason for turning down my applicant or even have anything written in the by laws on why they would turn down a tenant, that makes it very subjective and the board can turn any tenant down for any reason.

I see since there are no condo attorneys on this site I will contact a few attorneys in the area and see if they have any case law.

Thanks.

[helpisneeded]

Hello help:

This is NOT condo law. It's contract law. As we have determined, you signed a legally deficient contract. It doesn't address the particular matters that concern YOU, and THAT'S what makes it deficient...

There's NOTHING you can do about it except to SUE and have a judge determine WHO'S rights should be sustained - yours or the board..

Although your by laws are deficient in one respect, let's hope they aren't in another. Therefore, SOMEWHERE in your documents, it MUST tell you HOW you are to challenge a board of directors decision. THAT is the path to take. Once you have sought your remedies from the board, and been denied, you can sue.

Then YOU'LL make case law, and the next guy that comes along looking for it will have YOU to thank.

excon

I cannot believe that an attorney in the state of Florida has not had this problem and filed a lawsuit.

I would be shocked if I do not find any case law. If by some chance I do not find any case law I will be the first so you can thank me now for what I am doing for you in the future. It will not be as big as Roe V Wade but it will help a bunch of people in the future.

[JudyKayTee]

I don't understand why anyone is suing anyone at this point - which is the only reason you need case law.

I'd write the condo board a letter DEMANDING to know why the tenant was rejected. State that this is NOT covered in the by-laws, therefore, the by-laws which THEY wrote undoubtedly to favor them and you DEMAND to know why your prospective tenant was not acceptable. Give a time frame ("If I do not hear from you within x number of days ...") and send it registered, return receipt.

It would appear - if what you say is 100% correct - that the contract is silent on this issue and thus open to YOUR interpretation - which is "tell me why".

I see nothing in Florida law that addresses this either way. Let the condo board find it and give it to you and you can post it - if they can. Why do the work? Let them do it for your benefit.

[JudyKayTee]

I cannot believe that an attorney in the state of Florida has not had this problem and filed a lawsuit.

I would be shocked if I do not find any case law. If by some chance I do not find any case law I will be the first so you can thank me now for what I am doing for you in the future. It will not be as big as Roe V Wade but it will help a bunch of people in the future.

I can believe that there is no case law on this - it would not appear to be an every day problem and would be expensive to try (which is the only way to make case law). My guess? Every HOA has different rules and regulations and even if you DO spend the time and money and create a new law (and I have no idea what that would be) every situation is different.

No, I don't see it happening - and I work in the legal field.

I also don't see such a "law" helping a bunch of people - people can be helped if they read what they sign before they sign in and closely look at what might/would/could happen - and protect against all eventualities.