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 Avenue Fort Lauderdale, FL 33316 T: 954-764-0005 E: email@example.com Based upon the limed facts provided, please do not rely on this as specific legal advice . No attorney-client relationship is formed on the basis of this posting
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 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.