I own a condo that i let my daughter live in, she has let her finance move in with her. They have asked that he do a background check. He complied and they stated it was insufficient. They have had an attorney send us a letter telling her to vacate in 15 days. Do we have any rights? I think they do not feel he is the "quality they want there." He had some past convictions that are two years + old. He works a job and has changed since that time in his life. They are not causing any issues at the complex.
I'm redirecting this to landlord tenant section. It isn't an appellate issue, so you can likely get better results there. My gut tells me that you would have rights as would he. I'd recommend hiring an attorney in that area.
The actual type of lawyer. You need is a condominium lawyer. Be aware that most condo lawyer's represent associations.
The first thing you must do is review the condo documents.
Although he has been clean for 2 years. The condo may be liable if he lives there because of actual knowledge of his criminal propensity although you state he has changed.
Two years is not an extended period that it may be overlooked
As counsel has stated, you want a lawyer that handles condominium disputes. Unfortunately, Avvo does not seem to have a section for that, so landlord-tenant might be the best you can do. You could also post in real estate. Your lawyer will want to review the association documents to see what rights you have and what the association can do and what procedures it must follow.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
The association has the right to adopt reasonable rules. A background check in condominiums which have rental restrictions in their documents has been determined to be a reasonable rule. What information may be used from the background check is also put to the test of reasonableness. Criminal history does fall under the category of reasonableness, although it may not pass federal discrimination laws. For instance, being denied housing because of a conviction of drug possession is discrimination, while being denied housing because of drug trafficking or drug manufacturing is not discrimination.
Based on the facts as you stated, I'm not sure why your daughter is being asked to move as well, unless she did not submit and pass the background check. You will need to hire a condo lawyer to review the association's documents and policies as well as the boyfriend's criminal history.
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.
You would need to hire an attorney to review the condo docs and the facts. 2 years old is not relevant, but rather the nature of the charges. If he was convicted of manufacturing and selling drugs lets say, the community could keep him out to prevent him from selling drugs in the neighborhood; no matter how much you claim he changed. A DUI highly unlikely it is a justified denial. But its unclear what the facts are as it ia very fact specific.
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