Can I win against an HOA?

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Can I win against an HOA?

I have a condo that I have been trying to rent and/or sell for 2 years now. I have had a good amount of

applicants submit an application to the association and they have declined all but one. The association

woman rarely gives me a reason why. I just asked her why another one was declined and she said many reasons. I feel as those they are declining for no reason and I am stuck with this condo paying an association fee. Is there any legal action that I can take and what proof would I need?

Asked on February 27, 2019 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on what the Master Deed and/or condo by-laws say. If they say that tenants shall be "reasonably" approved (or something to that effect), then if you have provided good candidates who have been turned down without a reasonable or credible explanation, you may well be able to win a lawsuit. In this instance, they have to be able to articulate a logical and legal reason (e.g. bad credit; criminal record) for their decision.
But if the governing documents let them turn down renters at their "sole discretion" or something to that effect, then they do not need a reason; they have the right to simply say "no." In this case, you would be unlikely to win.


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