Help with Interviews

When interviewing new owners/tenants for a condo in Florida does anyone know what questions are or are not allowed? DonnaS. I hope you see this and respond.

Yup, Kirk, it's true. Interviews are done. It's very specific in our documents, too. They're "supposed" to be interviewed BEFORE the sale is final. But if the interviewers feel the prospective owner if not "fit" to live in the community then the Association must purchase the condo. So of course no one has ever been denied their right to purchase. We make it more of an "introduction" interview. We explain what our community is all about, explain the rules and the enforcement process, discuss the amenities,(or lack there of). Sometimes after the "interview" the prospective buyer decides this isn't what they were looking for. Everything is up front and honest. It works out for both parties. Saves everyone a lot of headaches, and buyers remorse.

Ellen:

I guess before anyone can really answer it would probably be helpful to see what your documents say about interviews and to also know what information you are trying to get out of them...perhaps after that we can give you some insight...however, I would strongly encourage a legal opinion on any and all questions you might want to ask.

Ellen,

This antiquated system of doing an "interview" has got to be taken out of all documents. The liabilities for any association that might cross the line and ask the wrong questions is huge. Basically, you cannot ask questions that are personal in nature. The basics, race, religion, sexual preferences, you know, anything that might offend or step into Federal Fair Housing laws, etc.

I made a huge fuss over an interviewer for one of my rental places. We redid the "interview" and created a "Introduction to the Community Rules and Regs" Basically, it was a reading of what is expected of the new resident as for behaviors and concequences. You cannot deny anyone tenancy because they live differently or think differently. Just make sure that they know what is expected of them or they will have concequences. Explain the fining procedures and just make sure that they are aware of the cost of non compliances.

Hi Anna,
Yes, as I said, the system of the so called "Interview" is written into almost every association Documents that I have ever seen down there in Florida. It is for Condos, and shared walled communitites, not stand alone homes. I guess the original purpose was to make the prospected buyer aware of the rules and requirements of the communnity but somewhere along the line, it got shortened into "Interview"

There is no legal basis for any community to dissallow any prospective buyer. The seller would have good grounds for a lawsuit against the association unless as your documents state, that the association would purchase the unit. But this has become so outdated and Federal Fair Housing laws trump any association rules of denial. BUT!! many associations will not sign the occupancy approval slip without a buyer going thru the "Interview". Without that, the purchaser cannot close on the contract.

Can you imagine??? A buyer cannot close the deal on his new home because --say---he is Muslum and the association is scared of that?

Ellen,
Now days, they could not even ask what you annual income is because they cannot have that information but the landlord/owner can ask and do a credit check. They do need to update the so called interview to another name with a clear guideline as to what questions or information will be shared. As I said, this is really the old school of thinking doing these interviews.

Harold, I understand your points. But too often realtors are so desperate to sell they'll misrepresent the association and the rules. We've had realtors tell people that pets are allowed. Then people bring in 120 pound dogs when our rules state 100% INDOOR pets, 15 pounds or less with NO leashed pets and no pets allowed on the grounds.

Realtors have stated "all ages welcome" when we have no amenities for children and kids aren't allowed on the grounds because it's all retention ponds and ditches to hold rain water; there is NO designated play area and we have none available.

They've said "ample parking" when people have only ONE assigned parking space and are not allowed to ever have more than two cars on the property.

They've listed it as having a "club house"; which is actually a converted laundry room where we cram ourselves in there to have meetings with one six-foot table and a few folding chairs.

The worst is when they state we are FULLY FUNDED....then find out we're not and they pay monthly maintenace fees and are subject to assessments. Realtors paint a "glowing" picture. "Interview" is the WRONG word to use.....but the meeting should be necessary so these poor people aren't given the wrong impression of what they're buying.

I'll shut up about this now.

Kirk, it doesn't mean that we don't put money into the reserves every month. A HUGE chunk of our monthly maintenance fees DOES go into the reserves and are earmarked for certain items--roof, painting, pool, and parking lot. The percentage put into each category IS determined by the "life expectancy" of each of the above items. There are "fully-funded" and "not fully-funded" options. So please don't think we're being irresponsible.

We have what we call a 'WELCOME" interview. We go over the docs, maintance, etc...It has always worked out well for both party's. As a gated HOA you have to have some idea as to who is your neighbor. But for renters we handle it a little different since they don't own the home.