If alandlord has already approved us as tenants, can the HOA demand a copy ofour credit report and a $100 fee?

The landlord, through a property management company, checked our credit/background and approved us to lease a home. However, the landlord’s HOA is now saying that they have final approval and require a copy of the credit report and a $100 fee to approve the lease. We don’t mind the background check but the credit report seems intrusive. Is this legal?

Asked on March 12, 2011 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the HOA documents allow for this I.e. by-laws, rules, handbook, etc), then yes it can.  It is perfectly within it's rights to do so.  An HOA has the responsibility to make sure that all residents are finacially able to meet their obligations.  However, if there is no such provision in the applicable documentation, then the HOA has overstepped its bounds.  It would be however, a matter for your landlord to dispute, not you.


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