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Condo association asks for criminal background check for a tenant that was the owner? do I have to pay the fee?

Hollywood, FL |

my tenant used to be the owner of my apartment.. That means he was screened and all the criminal background checked was done and everything. Later i bought the apartment. the association said my tenant has to be re screened. I am not sure if the association recognized that the former owner is now the tenant, but i am more or less sure they know. My question is : assuming that they don't realize that the tenant is the former owner. when they realize that the tenant is the former owner, do they have a legal ground to ask for a criminal background check screening again? what is my argument in telling them that i don't have to pay for a background check for someone who is not a new tenant or occupant of the unit?

Attorney Answers 2

Posted

They have a right to screen again. Just because the owner was previously approved doesn't mean there hasn't been something since then that would disqualify him/her.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.

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Asker

Posted

I understand the cleanest guy today may not the cleanest Tomorrow. In that.i agree with you. However, if that rule were to apply to every one, owner may get forced to sell his unit . Once a Tenant is screened , he should never be asked to be re screened unleas there is probable cause? What do u thunk?

Barbara Billiot Stage

Barbara Billiot Stage

Posted

When the status of an owner doesn't change, so there is no basis for a background check, but in this instance the status of the owner changed from owner to tenant and that may indicate something is different. I have to agree with the association on this one and trust me -- I don't do that too often.

Posted

Attorney Sage is correct. Every time there is a change of any kind, a new background check is requested. This is something you agreed to as part of the HOA.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Leonore M. Greller, Esq. is a Supreme Court Certified Civil Circuit and Family Mediator and a Qualified Residential Mortgage Foreclosure Mediator and Arbitrator.

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Asker

Posted

I have seen hoa that is run.as a personal business. Usually one person is the association. The simple exemple is a group of cops violating people right . Not one will say you are wrong. It goes for.the association