A unit owner signs a lease, the board “reviews” the tenant, and someone asks the question nobody wants to answer: can the association actually say no? In Florida, the answer depends less on what the board wants and more on what the condominium’s documents say. Many boards adopt detailed screening rules, credit-score minimums and income tests, only to learn their declaration never gave them the power to reject anyone.

Approval rights vs. a right of first refusal

Florida’s Condominium Act lets associations control sales and leases, but only to the extent the declaration, articles or bylaws provide. Older declarations, especially from the 1970s and 1980s, often contain a right of first refusal rather than an approval right. Under that kind of clause the owner gives notice of the proposed sale or lease, the association may ask for information, and then the association has a short window to either consent or buy or lease the unit itself on the same terms. If it does neither in time, consent is usually deemed given.

That is very different from a clause that lets the board approve or disapprove applicants under stated standards. With only a right of first refusal, the association’s leverage is the option to match the deal, not the power to turn down a tenant because of a credit score or a criminal record. A management contract that tells the manager to “screen applicants” describes the manager’s duties; it does not give the board a right to deny.

Publishing screening criteria doesn’t create approval authority. Only the governing documents can do that.

If your board wants real approval rights

The path is an amendment to the governing documents, adopted under the amendment procedure and vote they require. Two cautions:

  • Rental restrictions have limits. Under § 718.110(13), Fla. Stat., an amendment that prohibits renting, changes the length of rental terms or limits how many times a unit can be rented applies only to owners who vote for it and to owners who acquire title after it takes effect.
  • Watch for gaps. Some declarations let corporate owners designate occupants without going through the transfer process. An amendment should close gaps like that, or the new rules won’t reach every unit.

If the board does have approval rights, do it right

Even with authority, a screening policy has to hold up under federal, Florida and local law. Attorneys who advise associations commonly recommend:

  • Objective criteria, set in advance and applied the same way to every applicant, rather than case-by-case board judgment.
  • Credit as one factor, not a cutoff. A rigid minimum score can exclude people with substantial assets but thin credit, and can raise fair housing concerns through disparate impact.
  • Leave affordability to the landlord. Bank statements, W-2s and “three times the rent” income tests are the owner’s business, not the association’s. In Miami-Dade, Chapter 11A also prohibits discrimination based on lawful source of income.
  • Criminal history, narrowly. Consider convictions, not arrests or charges; name the specific offense categories that matter for safety; set a look-back period for each; and allow an individualized review of mitigating information.
  • Eviction history with care. Distinguish an actual eviction judgment from a case that was merely filed, and set a reasonable look-back period in advance.
  • Same rules for everyone. A separate “international credit check” for applicants without U.S. credit history can create national-origin problems. A standard background check applied to all applicants is the safer approach.

Deadlines and fees the board can’t ignore

  • Miami-Dade: County Code § 11A-18.1 requires the association to tell an applicant within 15 days exactly what is missing from an incomplete application, and to approve or reject a completed application in writing within 45 days, stating each reason for a rejection.
  • Servicemembers: Under § 83.683(2), Fla. Stat., an association that requires a rental application must decide a servicemember’s application within 7 days and give written reasons for a denial. If it doesn’t deny in time, the owner may lease to the servicemember.
  • Application fees: Under § 718.112(2), Fla. Stat., an association may charge a transfer or application fee only if it is required to approve the transfer and its documents provide for the fee. The cap is $150 per applicant (adjusted for inflation every five years), spouses or a parent and dependent children count as one applicant, and there is no fee to renew a lease with the same tenant.
  • Lease deposits: If the documents authorize it, the association may require a deposit of up to one month’s rent, held in escrow to protect the common elements. A flat $1,500 deposit, for example, would exceed the limit on any unit renting for less.

Consumer reports and privacy

Credit and background reports are consumer reports under the federal Fair Credit Reporting Act. Get each adult applicant’s written authorization before pulling a report, and send an adverse-action notice when a decision is based on one. The application file will hold Social Security numbers and financial details, so limit access to the board, management and the screening process; keep it secure; and dispose of it when it is no longer needed. Florida’s data-breach law, § 501.171, applies when personal information is compromised, and application records are not open to other owners under § 718.111(12).

Assistance animals are a separate track

A “no pets” building still has to consider reasonable-accommodation requests for assistance animals under the Fair Housing Act and § 760.27, Fla. Stat. Those requests should be handled through their own process, case by case, and kept out of the general screening file. Federal guidance in this area has changed several times recently, so have counsel review any assistance-animal policy before the board adopts it.

What owners can do on their own

If your association can’t screen tenants, you still can. As the landlord, you carry the risk of an unpaid lease, and you’re entitled to run a screening report on your applicant with their written authorization. The same fair housing rules apply to you, and if you turn someone down because of the report, you owe them an adverse-action notice. Screening your own tenant doesn’t replace any notice or first-refusal step your building’s documents require.

Two points of view

Many owners and boards feel that tighter screening protects everyone: safer buildings, fewer evictions, less damage to the common elements. Others, including fair housing advocates and many association attorneys, warn that broad screening rules adopted without document authority invite lawsuits, delay legitimate leases and can screen out protected groups. A well-drafted amendment with narrow, objective criteria is how associations usually reconcile the two.

Legal background

Sources: §§ 718.110(13), 718.111(12), 718.112(2), 83.683, 501.171, 760.23 and 760.27, Fla. Stat.; Fair Housing Act, 42 U.S.C. § 3604; Fair Credit Reporting Act, 15 U.S.C. §§ 1681b and 1681m; Miami-Dade County Code, Chapter 11A, including § 11A-18.1. Your declaration and bylaws control what your association may do, so have your association’s attorney review them before adopting any screening policy.