Do I legally have to pay a condo association 50 dollars for a background check, and do I have to give them my social for it?

Asked over 1 year ago - Hollywood, FL

I have lived with a friend for over a year. The condo association wants are social security numbers for a background check. They want 50 dollars to do it, and our drivers licence numbers.She is the legal owner, and I just live there with her. Is there a way around this?

Additional information

Can I provide my own background check even if they do not want me to?

Attorney answers (2)

  1. Staci H Genet

    Contributor Level 6

    1

    Lawyer agrees

    Answered . The Condominum Documents for this property will control this answer. Usually, however, the association has the right to require all persons residing in the Unit to comply with the rules including being approved by the Association. If the Association requires background checks for approval, they have the right to require your participation as a condition for approval. In short, yes you have to pay the fee for the background check if you want to reside in the condominium. No background check is required for guests. Your residence there for the past year reveals that you are not a guest.

    Good Luck, Staci H. Genet, Esq. Law Offices of Staci H. Genet, Esq. Business Attorneys 1323 Southeast Third... more
  2. Barbara Billiot Stage

    Pro

    Contributor Level 20

    Answered . If the association has the authority under its bylaws, articles, and declarations to perform background checks, then they are entitled to the information necessary for a background check and a reasonable fee for having the service performed. The $50 fee is reasonable these days.

    The key question is do they have the authority to do background checks on all residents or just tenants and do you meet the statutory definition of a tenant? If you are a member of the owner's household and not a tenant, and the association does not perform background checks on owners, then the association is most likely violating the Fair Housing Act, which prohibits classifying a single family as a husband, wife and minor children.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more

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