Condominium associations have the right to set reasonable limitations on owners who rent their units. Among these reasonable restrictions is the right to do background checks on prospective tenants. If you were a unit owner who lived in the unit and got married, requiring that your wife submit to a background check would probably be unreasonable. However, since you are a tenant, such a check may be reasonable. The answer depends on the wording of the declaration of condominium and the rules and regulations that are promulgated by the association. If you think that you are being treated unfairly, you should consult an experienced real estate lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
First of all, congratulations on your new marriage! Secondly, as mentioned by Attorney Deason, landlord's and condo associations have a lot of leeway when it comes to rentals, background checks, et al. Since they did not newly change the form just to discriminate against your new wife, I would assume that every tenant that has a family member or spouse move in after the tenancy was entered into will have to do the same. If you believe otherwise, seek the advice of a good landlord/tenant attorney to assess your options. Have they led you to believe that your new wife will not pass the background check?
Carol Johnson Law Firm, P.A. : (727) 647-6645 : firstname.lastname@example.org : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
Both attorneys have given you excellent advice. The answer depends on the language in your condominium documents and the authority the association has to request this information as authorized by the documents. There is no easy answer and the costs of paying an attorney to review the language plus the cost of potential litigation may just make this not worth the trouble.
If you really want to determine your rights, I suggest contacting a HOA lawyer to review your documents.
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.