Also: A condo board may approve/reject leases based on criteria in the Declaration; a background check found a recent arrest for assault and battery. OK to reject?
STUART, Fla. – Question: My homeowner’s association allows for non-owner residents and tenants to serve on committees. I did not think this was possible. Is there a Florida Statute that prohibits them from serving on committees? – E.T., Hollywood, FL
Answer: There is no Florida Statute that prohibits non-owner residents and tenants from serving on committees. Whether or not non-owners are allowed to serve on your association’s committees will depend on your Bylaw provisions.
Typically, Bylaw provisions are silent regarding the composition of committees. It will usually say that committee members serve at the pleasure of the Board of Directors. This means that the Board of Directors will be authorized to appoint and remove committee members at the Board’s discretion. If your association’s Bylaws do not prohibit non-owners from serving on committees, then non-owners may serve on committees.
That being said, unless the Bylaws explicitly allow non-owners from serving on committees, the Board could adopt a policy or rule that prohibits non-owners from serving on committees.
As a practical point on this question, there are many associations that will allow non-owner residents to serve on the Board. Typically, these are renters and other residents who tend to care more about the day-to-day matters at the association compared to absentee owners so it might not be a bad idea for your association to consider allowing non-owners to serve on committees.
Question: I am on the Board of my condominium association. We have the right to approve or reject leases based on certain criteria in the Declaration of Condominium. The background check for a recent applicant came back and showed a recent arrest for assault and battery. The Board of Directors wants to reject the proposed tenant. However, I am not sure if we have the right to do so. Can you help? – Q.M., Fort Lauderdale, FL
Answer: You state above that the Board has the right to approve and reject the lease application based on certain criteria in the Declaration of Condominium. The Board will need to review the criteria closely in order to determine whether it can properly reject the proposed lease application. Typically, in these situations, there is a criterium for rejection for felony convictions involving violence to persons or property. The crime of assault and battery would certainly qualify as a crime of violence against a person. However, the question is whether the charge resulting from the arrest was for a felony and, more importantly, whether there was a conviction from the felony charge.
It is important to thoroughly review the background check to determine whether the arrest led to a felony charge and whether the person was convicted of that felony. If the Board decides to reject the lease application, it must do so at a duly-noticed Board meeting. I also recommend reviewing your Declaration of Condominium provision more fully to determine whether opinion of legal counsel regarding good cause for rejection is required prior to a rejection of the lease application.
I recommend discussing this matter more fully with your association legal counsel so that the Board of Directors is fully advised regarding its options.
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