Can a Home owners association kick us out for a non realistic excuse?

UPDATED: Sep 30, 2022

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Can a Home owners association kick us out for a non realistic excuse?

I am living in a condo with my girlfriend that her uncle paid for and is renting
to us since rhapsody does not live in town. We pay our monthly hoa and have been
here 7 months. They recently requested a backround check and said we both failed
and can’t live here due to mistimenor I had in 2008 and apparently she ran a stop
sign years ago and they failed her because of that. Just wondering if this is
even legal. It is a 55 community and you may rent to direct family which is our
case and the vice president of the hoa loves next door. Is it possible she just
doesnt want younger people here? I just want to know if we legalay have to leave
or if they are going overboard

Asked on February 28, 2016 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The HOA can only kick you out (or more accurately, require your uncle to remove you, on threat of him being kicked out for his own violation in not doing so, if he won't take action) if you are in violation of HOA rules. So if the HOA has a rule stating that someone with a criminal background like your cannot be a tenant, for example, then yes, you can be required to leave--but not otherwise; they can't simply unilaterally or arbitrarily decide who does and who does not get to live there, but can only enforce the community rules.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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