Can an HOA demand a buyer’sowner’s SSN if they are paying all cash?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an HOA demand a buyer’sowner’s SSN if they are paying all cash?

My wife and I are buying a house in FL. The HOA wants SSN’s for the application. Is this legal? Am I within my rights to refuse and can they then block the sale?There is no mortgage involved as this is a cash purchase. I see no need to give this personal and sensitive information out when it is not relevant to the purchase. Since we will be only part-time residents I’m even more hesitant.

Asked on June 1, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

They have a right to demand it, as they have a right to demand any information (height, weight, favorite baseball team, etc.) that does not act to discrimiante against a protected category, such as a race, sex, religion, age over 40, or disability status. Your recourse is, if you don't like the terms of the sale, to not buy this house; there is no inherent right to buy this home, or inherent obligation on the part of the community to let you buy it--it's a voluntary transaction, and the parties have a right to set the terms thereof.

If you don't trust this HOA with your social security number, then the bigger question is, why are buying here? Do you really want to live with people that you feel might misuse this information?


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption