Screening prospective tenants and purchasers is important

With the ever-increasing influx of new visitors and residents coming to Southwest Florida, it is becoming even more important that new people coming to your condominium or neighborhood are adequately screened or vetted before they become residents.

We have found, along with all the good folk moving to the area, there are few bad characters mixed in. If your association does not background screen to keep the bad ones out, some undesirables will move in. Once they purchase or lease and are then in your community, it will be extremely difficult, if not impossible, to get them out.

To keep out the bad guys, many condominium and homeowners’ associations will require prospective purchasers and tenants to fill out applications that require references and financial and criminal background checks. The problem with some associations is that their governing documents (Declaration of Condominium or Declaration of Covenants) do not have any language permitting the association to require such application screening. They may also be charging a $100 application fee when their governing documents do not provide for such.

Without language in a community’s governing documents providing for screening of prospective lessees and purchasers and also allow for the charging of a fee to do so, the association has no legal right to screen these people and therefore cannot deny them the right to lease or purchase no matter how bad they may be.

So it is critical, in order to keep bad actors out of your community, that you have requisite language in your governing documents giving the association the right to screen applicants and charge a fee for doing so. With the correct language, you can then check references and perform criminal and financial background checks.

If the background checks reveal certain bad characteristics of the applicant, the association can then deny the applicant. Before you deny though, you should get a legal opinion that you have sufficient legal grounds to deny.

Included as sufficient grounds can be that the person has been convicted of a felony involving violence to persons or property, sale of a controlled substance, or demonstrating dishonesty or moral turpitude. Grounds could also include a record of financial irresponsibility, including prior bankruptcies, foreclosures or bad debts. A history of disruptive behavior or evidence of an attitude of disregard for association rules or the right or property of others by past conduct may also suffice.

In no uncertain terms, you cannot deny approval of an applicant based upon the person’s race, religion or sex as such would of course be illegal discrimination. However, with correct screening language in your governing documents, it is perfectly legal to discriminate against seriously bad people and deny them entry into your community. Such bad guys or gals have no legal right to purchase or lease in your community if you have the right language in your Declaration.