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  1. #1
    Join Date
    Dec 2010
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    8

    Default Civic Association Authority

    My question involves real estate located in the State of: Florida
    We know someone currently in this situation. They own a house in a subdivision. The subdivision has a civic association for the subdivision. They rented their house to someone recently. The civic association has demanded they conduct a national criminal history check on the renter prior to renting and then give that report to the civic association. This person did have a credit rating and Florida criminal history check completed prior to renting their house. The civic association has advised them they should have conducted a national criminal history check prior to renting the house. The civic association is threatening to fine them $1,000 for not completing the national criminal history check. I do not know what the civic association would consider a disabling criminal charge or conviction. This raises a host of questions but for a few - What authority would a civic association have to demand a criminal history check for someone renting their house and the house is not owned by the civic association? Who decides what is a disabling charge or conviction? Are there privacy issues here? What rights would the renter have to not allowing the civic association to have a copy of the national criminal history check? What authority does the civic association have to fine the homeowner $1,000 for not conducting a national criminal history check when there is no evidence the renter has any criminal history at all. The renter is a long time local area resident.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Civic Association Authority

    There presumably are written rules or bylaws that apply here. What do they say in relation to rentals and the required criminal history check?

    What is your concern with "disqualifying charges" if the tenant has no criminal history?

  3. #3
    Join Date
    Dec 2010
    Posts
    8

    Default Re: Civic Association Authority

    Quote Quoting Mr. Knowitall
    View Post
    There presumably are written rules or bylaws that apply here. What do they say in relation to rentals and the required criminal history check?

    What is your concern with "disqualifying charges" if the tenant has no criminal history?
    I am in agreement in general that homeowners associations are a good thing. I guess I am at a complete loss how a homeowners association can demand such items and fine someone $1000 dollars with no indication there is a criminal history issue. I was hoping that someone would have insight. I have no hidden agenda. The tenant has no criminal history as far as I know. I was just wondering in general who would decide what was disqualifying and what would be disqualifying.

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