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Subject: FL: Is there a statute governing how long an HOA can take to process an application?
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MaxF
(Florida)

Posts:5


11/22/2019 8:21 AM  
Hello All,

I would appreciate some input. I own several units in one community and am embroiled in a legal battle with them.

Naturally the HOA is completely ignoring my emails calls letter etc. I submitted an application 2 weeks ago (and paid the fee) and the HOA has been ignoring the request.

Does Florida/Palm Beach County provide a maximum time frame the board has to process the application? So far they have not even done the backround check etc.

The CC&R's make no mention of a time frame, From what I understand they have 30 days to make a to process/make a decision or the tenant is automatically approved.

Can anyone shine some light on this for me?
GeorgeS21
(Florida)

Posts:1469


11/22/2019 8:44 AM  
What kind of units? How large community?

What kind of application ... to do what?
AugustinD


Posts:2045


11/22/2019 8:48 AM  
If the prospective tenant is a military servicemember, then Florida statutes say the HOA has seven days to approve or deny the application. See Florida statute 83.683, http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.683.html

Else I think you are stuck adding this to your legal dispute. I expect the judge's ruling will boil down to whether the HOA's timeframe for reviewing the application is reasonable.

For a HOA who has a member who is in a legal dispute, the HOA's being vindictive towards the member is common and hard to battle.
MaxF
(Florida)

Posts:5


11/22/2019 9:22 AM  
If they don't respond within 30 days i'm going to take them to small claims court to try and recover damages/loss from the unit not being rented.
AugustinD


Posts:2045


11/22/2019 9:30 AM  
Thirty days sounds way reasonable to me. I think I would ask the judge to order the HOA to set the timeframe at three or maybe even two weeks.
GeorgeS21
(Florida)

Posts:1469


11/22/2019 9:57 AM  
Max - you didn’t answer my questions?
MaxF
(Florida)

Posts:5


11/22/2019 11:48 AM  
30 Units. Self managed HOA

This is a rental application
MaxF
(Florida)

Posts:5


11/22/2019 11:51 AM  
Also these are connected townhomes
GeorgeS21
(Florida)

Posts:1469


11/22/2019 12:01 PM  
Thanks.

If there are no timelines in governing docs, or local or state statutes, 30 days seems fair.

Now, the question is whether the board in question is holding it up for a reason, or is not good at doing this seemingly simple task.
MaxF
(Florida)

Posts:5


11/22/2019 1:13 PM  
That's a great question. My assumption would be they would process the app then deny it.

We are applying for injunctive relief on monday.
MelissaP1
(Alabama)

Posts:8753


11/22/2019 4:10 PM  
How often does the HOA meet? We only met 1 time a month. We could not make a decision till our meetings. So how long before next meeting?

Why is the HOA in the business of lease agreements approval? A HOA is typically a 3rd party to lease agreements. So how does this process work in your HOA?

What damages would you sue for? Don't think there really are much involved here. You would still be in same position if they turned down the tenant as you are now. It would seem that any background check expenses should be on each party doing the search. It also not necessarily an overnight check. We had 2 or more weeks to go to the local county courthouse to prove we did not have a police record in that county. That was when I rented an apartment.

I think the 30 days is a bit too quick to run to a lawyer. 60 days would be more like it. Plus it would need proof of a turn down or no work done. The court would need PROOF of what your saying not demanding.

Former HOA President
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Forums > Homeowner Association > HOA Discussions > FL: Is there a statute governing how long an HOA can take to process an application?



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