Condo Association Management Blog

As a NON owner, you don't seem to understand.  
 
This is a community. If you prefer to do as you please, sell your mother's condo and move into a single family community or just keep the money.  
 
Your mother's condo is part of a community with shared facilities. The Management and Community have a right and responsibility to know who is living among them. It's in the Condo documents and it's filed with the state. You are going to get yourself and your mother in a major legal action if you defy the Board's obligation to do their job and preserve the Community rules.  
 
 
 
Be careful. Your actions could cost you and your mother thousands of dollars in legal fees. Remember, if the Board takes you to court and you loose (you will), You pay ALL legal fees plus all fines, costs and legal fees for the Association and your costs. Your tenant may have a right to file a legal action against you and your mother also. Be careful. This is not a little issue in Florida.

My assn has a renter policy in which the prop owner must provide certain info, a copy of the lease and must sign a rental agreement. We do not require a background check any longer as our attorney has advised against it -- it could pose liability issues for the assn. If a member does not comply with the requirements they are subject to the penalties imposed for being in violation of the CCRs and rules. Depending upon what rules your board has adopted you may be in violation and subject to penalties. However, I doubt they have the authority to evict a tenant. 
 
 
 
Your board should seek legal advise regarding the requirement for a background check for a renter. I've never understood why some assn's have this requirement. Is a background check performed on prop owners? NO! So why require one for renters? And what would happen if the person passes the background check then commits a crime? That's where the liability to the assn comes in. IMO, background checks should not be required.

Mary 
 
 
 
In Florida, Most condo Associations do background checks on new owners as well as tenants. Not sure what they can do if the tenant or new owner has a problem background but it's best to know who lives in the community.

I agree that it is essential a condo association knows something about a renter. We just had a robbery here, we think it's someone's granddaughter's friend, or something like that. It's an over-55 community, but people today are taking in their children, their grandchildren, etc. You can't be too sure, but it's good to at least be able to have a background check or credit check of some sort to know who is living there. I have someone living with me who is helping me as a domestic, the condo ass'n maintained that they need to know who it is. I agreed and gave them her name, but she is not a renter, they listed her as a domestic.

It is tempting for me to get a renter in my condo and not care about the condo ass'n, but after this robbery incident, I can understand why they are a little, shall we say, cautious. Unfortunately, when it comes to children, and so forth, you can't exercise the caution that may be needed. Too bad, it's sad.

Lawrence, 
 
 
 
I doubt they can do anything! And, frankly, I my doubts as to whether it's legal to do a background check on new owners or renters. I wonder if this has ever been challenged in court. You say, ". . .it's best to know ho lives in the community." Best for who to know, the board or the members? Are the results of every background check sent to all the members? I have absolutely nothing to hide but I would not like having a background check performed on me as a result of buying property in an HOA.

If you wished to rent an apartment not within a condominium your potential landlord would undoubtedly want to do the same check. The Condo association has the right to demand that fee. Don't wish to pay then you tenant will be forced to move nd you might be subject to a law suit which would possibly cost cfar more than the $100 fee.

Now that I've re-read the question, and read the responses, I'm beginning to wonder also about things. I'd wonder about the by-laws of the ass'n (whether they require a renter to have a credit check, etc.). In my ass'n, they want a certain income level. Even though it's not very much ($36,000, if I remember) as I said, it's very tempting to rent to anyone I think is decent. And I do know that I lost one potential renter because they did not want to pay the fee for the credit, or income check. I'm going to ask about this, thanks for bringing it up.

To CindiW and Mary 
 
You decide you want to purchase and live in a Condo in Florida because you feel it is convienent and safe. This is your idea of an ideal living situation or you wouldn't want to live in a condo. If you don't like the rules, you shouldn't purchase in a HOA or condo Association. You belong in a SINGLE FAMILY HOME with NO HOA or rules.  
 
When you purchase new or used, you have an opportunity to review the rules. You can go on line and read the Government restrictions for your type of HOA. If you don't like the RULES, recind the deal and find a single home. Forget about HOAs or Condos. Why have an attitude? Just follow the laws and rules. That's what honest law abiding people do. 
 

Lawrence, 
 
 
 
What attitude? I've lived in non-hoa communities and currently in a planned community where I am a board member. I stated my opinion about a BOD requiring background checks of new owners and renters. So because I don't subscribe to the practice I have an attitude??  
 
 
 
The OP did not say this rule is in the CCRs. I wouldn't be surprised that it is a rule the board made up. And it may be in violation of the gov docs depending upon how they are worded regarding making rules. 
 
 
 
Apparently you think it's OK to have such a rule. That's your right; however it's my right to think the opposite. 
 
 
 
BTW, I live in AZ not FL, not that it makes any difference. 
 

I also live in a 55+ condo and more non-sales are turning into rentals. I do know that it is at least a 3-month rental and there is a $50_Dollar application fee. I see fee same as when applying for an apartment. You also have to fill out a form which I do not know what questions. All renters must comply to rules of the association as that of owners. My objection to this Seminole-Condo is that $100 applicaction fee is a quit high. I feel they are trying to acquire extra funds due to possible high foreclourses. If I could I would move myself away from Florida and all the nasty old people in these 55+ condominiums.

I would check what the CC&R's say before you flatly ignore their request. Keep yourself on solid ground before you refuse to comply. One question I'd ask the Board is if those same rules apply if a friend or relative moves in with you. Frankly I do understand the concern the Board has, but how far do you go with that? An owner in a residental neighborhood that rents a house to someone surely doesn't go through this.

Lawrence, Mary is correct...I think the question at hand is if there is legal standing by this board to request this information from an owner. Not all associations have the same rules. The sheep mentality you allude to is your business, but it is not everyone elses mentality. Questioning rules is not a bad thing believe it or not.

as an owner and on the board i dont think we are wrong by making this request if you need to rent go to a rental community, afrer all we are owners and i always thought a condo assoc, should be as stated i lived in rentals for 20 yrs. i bought my condo because i dont want to own a house as i have had the fee 100 is high but people who use codos as rentals can be diffiucult, so why not sell the place to someone who wants to live in a condo asssoc,

Lawrence, I'm not sure I had an attitude, but with the economy as it is, and my own ignorance when purchasing a condo (yes, I know it is no excuse of the law), I did not conceive that (1) I would owe to the bank far more than the condo is worth, and (2) the laws of this condo ass'n at least are selective. I like to do things the right way, but again, with this economy, and in the area I live in which is changing drastically since we bought, it will be hard to find buyers OR renters if we go by the condo "rules." That may be why some people are just walking away. Not to say that I would do that, but it sure is tempting when you consider how I'm being fleeced.

To the original poster, when the building president said she did not know what is done for $100 fee, and you provided all the necessary documents, I do think questioning is in order. What DOES the $100 go for? My ass'n charges $50 application fee, renter or buyer. I'm sure they will simply tell me that aside from the cost of credit check, police check, the rest is administrative fees.

To Al, hey Al, I am sorry I ever bought a condo. But unfortunately my sorrow does not negate the contract I signed when I bought the condo here in deteriorating south Florida. it's sad but I accept reality. Meantime, my neighbors are not nasty (maybe I'm blessed that way), but we did have a few robberies recently. (Not good.) And, I owe more than I'll ever see again for this condo. The old guard ass'n members do not want to change anything, they don't care as long as the few remaining ones are satisfied. The rest of us can just scrape by, so it seems to me, until many simply walk away. Never will I buy a condo again, if I live long enough.

 
 
Some comments sound like you are living in a community and have NO power. The owners can change any rule they choose. All they have to do is initiate the change and vote. I have found, as a long time Real Estate Professional, most owners of condos act like tenants. They wring their hands and forget they own their properties, have control of their property and their life. They just have to care enough to do something. Perhaps they should be on the Board and work on change. 
 
Get to work. Make a difference. Be happy, quit complaining.

It's an interesting thought, Lawrence, but I have attended board meetings and offered suggestions and I really got shoo'd down as if my thoughts, or suggestions, were silly. I do trust the board to a large degree, however, I feel they are capable, but I would probably do things differently on a few matters. But that's what they call democracy.

I live in a 17 units condo comm. Some units is attached and some are detached stand alone unit. We can't raised enough regime fee to cover the repair of exterior, so we have the by law changed that each owner taken care inside an outside themselves. The regime fee is set up at brake even point. No reserve at @282per month pay for water&sewer, flood insurance,hazard insurance,yard maintenant and maintenant the street. As you can see it's not enough. The problem is out of 17 units 6 units has not paid the regimes for over a year and knowingly that we don't have enough fund to hire the lawyer to sue them. We can't collect the regime fee and is now using the credit line to pay insurance and water & sewer. It's only a matter of time that we won't be able to pay. The ones that pay can't just keep raising the regime to cover the expenses and the one that did not pay get a free ride. If the insurance condo policy did not pay, all the mortgage can force thier insurance to you. Can the individual owner by their own individual policy to satisfy the mortgage so your house won't forclose? I can cut my own grass, but our water & sewer are in one line for the whole units. One unit that own by attorney did not pay but alway want thing done for her unit and treaten to sue all the time. When we try to take her to court, she ask for jury try, so we have to get the attorney and the attorney want $700 to start with. So the board don't know what to do. What happen if the board can't pay the credit line? Any recommend?

Does anyone know the rule of thumb of how many rented/leased condo properties is permitted in Michigan? We are in a college town, parents are finding it more economical to buy a condo, not live in it but have their college-age student live there, often with "roommates" who pay under the table fees. Does this change the number of "rentals/leased" properties. We only charge $50 admin fee if it's a leased property, haven't applied this to "parents" who purchase a unit. Our by-laws are over 40 years old; mostly rely on "rules & regulations" which can change as BOD change. I see these condos as "rentals" because the parents have never lived in the property, and it appears they are using it as an "investment." Any recommendations or comments will be appreciated.  
 
IMHO, I feel these units are "rental/leased" while other board members say they are relative-owned.  
 
THANKS!

The fee covers the time it takes to interview a new owner or renter. Fl. 718 permits a fee of up to $100. We usually only interview the head of household and not domestic partners or family members. We do not check backgrounds. I conduct interviews by phone exclusively and do not know the race, age, or sexual orientation of the person being interviewed. All that I seek is to instruct and get agreement that the new occupant agrees with and agrees to follow rules. And frankly the $100 usually ends up being used for repairs to the commons as we do get bumps and bruises when furniture is moved in or out. The interview is easy and quick and normally I have never found a reason to reject an applicant.

Jim The bumps and bruises you mention that is a result of furniture being moved in or out is already the responsibility of the owner of the unit. If the money collected is not used for what it is suppose to be used for then simply return it to the owner. Interviews on reviewing rules only is, I believe, good and useful, but should be done as part of the Boards responsibilities and not with a fee required. 
 
 
 
Also regarding all this talk about the importance of background checks, All that information is available on line. You can go for free and do the check yourself. I agree you can get into some real serious legalities by making it an association requirement. Our complex does not have that requirement since we can openly check on anyone we want on line. Now I can understand a copy of the lease agreement being on file with the association for information purposes but that is where it should end.

NO ONE ANSWERED HIS QUESTION! His big concern was about paying the extra $100.  
 
He complied with all other requests.  
 
The question is whether he should have to pay an extra $100 because he is putting a renter in the unit!

THE ASSOC IS FULL OF CRAP THEY DESERVE NOTHING AS FAR AS MONEY AND 
 
THEY MUST UNDERSTAND THE NEED TO MIND THEIR OWN BUSNISS CONDO OWNER CAN RENT TO WHO EVER HE CHOOSE TO 
 
THATS IS AFACT OF LIFE.