Florida Laws against Tenant Background Screens?

[Thomas Sulz]

Hi All,

I recently purchased a condominium in the Florida Keys and plan on renting out the unit this upcoming December. The condo is part of a HOA and the HOA requires that all potential tenants go through a background screening before the Board of Directors are able to approve or deny them.

Is this common? I am more concerned to know if this is even legal in the state of Florida??

Any help would be greatly appreciated!

- Tom

[Michael Haynes]

Hello again Thomas Sulz, you want to know if the State of Florida "legally" has anything to say about an HOA rule to do a background check and approval on any potential tenants. I don't know where you live, but, this sounds like something you would have to consider in California or New York where they have Rent Control, not in Florida. I live in Valrico, Florida, Hillsborough County. The rules to consider are the Short Term Rental rules which allow you to do this in the City of Tampa and Not in the County. Each City has there own rules for STR's in Florida. You may be a Lawyer, and you are thinking of this in another way. Would you have a Case against the HOA's in Florida, if the State had a Rule against the HOA's right to do background checks to approve your ability to rent your property to a Tenant. Here is an example of the Power and Control that HOA's have in West Palm Beach. Rush Limbaugh bought his home in an HOA and their rules gave them the Right to tell you What Color YOU Could Paint the Walls Inside Your Home. I live in a small, quiet, gated, 17 unit Townhome in Valrico and the rules do not allow anyone to plant Flowers in the Garden. They mow one week and edge and blow etc. the next week. Keeps the place looking like new with a small pool and low HOA fee. Last week the neighbor lady discovered that they had trimmed the hedges in front and edged all her plants and flowers almost to the ground and she has Nothing to Complain about, because those are the Rules. Also, there are some Developments that have CDD and HOA Rules. If you do a Search on Google for "Complaints and Abuses of HOA's in the US," you will find a boatload. There are thousands of lawsuits against HOA's for all kinds of abuses and thefts.