Today, I asked Claude to provide me with a structured checklist that can be used when interviewing potential purchasers or renters of a condominium unit in Southeast Florida.
In Southeast Florida, a condo association’s authority to decline a purchaser or renter comes entirely from its own governing documents (the declaration, articles, or bylaws must actually grant approval rights — Fla. Stat. § 718.303(1), § 718.116), and any criteria the board relies on have to be written, objective, and applied the same way to every applicant. Legitimate grounds generally fall into a few buckets: financial (credit score, income-to-rent ratio, unresolved bankruptcy, delinquent assessments), rental/ownership history (prior evictions, negative landlord references), individualized criminal-history review (not a blanket ban — HUD’s 2016 guidance treats categorical bans as high disparate-impact risk), application integrity (incomplete or falsified applications), and occupancy/use restrictions tied to lawful, uniformly enforced rules. What the board can never use is any of the protected characteristics under the federal Fair Housing Act, the Florida Fair Housing Act, or — importantly for Miami-Dade, Broward, and Palm Beach counties specifically — the broader set of local protections those counties add (age, marital status, sexual orientation, gender identity, and in Miami-Dade and Broward, source of income).
I built a four-page Word checklist the board can keep as a working reference. It covers threshold requirements (confirming authority exists, fee caps under § 718.112, the 7-day servicemember rule under § 83.683), a permissible-criteria checklist by category, a protected-class comparison table across federal/state/county layers, and a process-safeguards section (FCRA adverse-action notices, documentation, consistent application). It opens with a clear “not legal advice” notice, since final adoption of any screening policy should go through association counsel.
Sources:
- Fla. Stat. § 718.112 (2025)
- Fla. Stat. § 718.116 (2025)
- Fla. Stat. § 718.303 (2017)
- Fla. Stat. § 83.683 — service member rental applications
- Fla. Stat. § 760.23 — Florida Fair Housing Act
- Improper Denial of Rental/Lease Applications by Condo Associations — Perez Mayoral, P.A.
- Florida Condo Association Screening Guide
- Florida Condo Approval Denial: Causes & Prevention
- HUD Guidance on Criminal Background Checks (2016) — Holland & Knight
- Broward County Protected Classifications Fact Sheet
- Florida Human Rights Ordinances — Disability Independence Group
PROSPECTIVE PURCHASER / TENANT
APPROVAL SCREENING CHECKLIST
A Reference Guide for Condominium Boards of Directors
Southeast Florida — Miami-Dade, Broward & Palm Beach Counties
| IMPORTANT — NOT LEGAL ADVICE This checklist is a general educational reference and does not constitute legal advice. Screening authority must come from your condominium’s Declaration, Articles, or Bylaws, and adopted criteria must be reviewed by association counsel before use to ensure compliance with Chapter 718, Florida Statutes; the federal Fair Housing Act; the Florida Fair Housing Act (Ch. 760, Pt. II); the Fair Credit Reporting Act; and applicable county human rights ordinances. Laws and dollar thresholds change — verify current figures before relying on them. |
1. Threshold Requirements — Before You Screen Anyone
Confirm these foundational items are in place before the board reviews any individual application.
☐ Governing documents (Declaration, Articles, or Bylaws) expressly grant the Association authority to approve or disapprove a transfer, sale, or lease. Approval authority cannot be assumed — it must be written. (Fla. Stat. § 718.303(1); § 718.116)
☐ The Board has formally adopted written, objective screening criteria (not vague standards or “board discretion” alone), documented in board minutes or a board-adopted policy.
☐ The same written criteria and the same order of review are used for every applicant, without exception.
☐ Application/transfer fee does not exceed the statutory cap of $150 per applicant (adjusted every 5 years for CPI — confirm current figure). A spouse, or a parent/parents and dependent children, counts as one applicant. (Fla. Stat. § 718.112(2)(i))
☐ No fee is charged for renewal of a lease with the same tenant. (Fla. Stat. § 718.112(2)(i))
☐ A defined, reasonable timeline for the Board to act is documented and followed, and applicants are notified in writing of the outcome.
☐ If the applicant is a servicemember (active duty U.S. Armed Forces, state active duty, Florida National Guard, or U.S. Reserve Forces), the Association completes review and gives written notice of approval or denial within 7 days of submission — failing to timely deny means the Association loses its right to block the lease. (Fla. Stat. § 83.683)
2. Permissible Screening Criteria
Criteria the Board can generally rely on to decline an applicant — provided they are written, objective, applied uniformly, and reasonably related to a legitimate association interest (financial stability, safety, or preserving community standards).
Financial / Creditworthiness
☐ Credit score below a documented minimum threshold set in advance for all applicants.
☐ Insufficient or unverifiable income relative to purchase price/rent (e.g., a pre-set income-to-rent or income-to-carrying-cost ratio).
☐ Unresolved bankruptcy, excessive debt-to-income ratio, or unpaid judgments relevant to ability to pay assessments, rent, or the mortgage.
☐ Existing owner is delinquent on assessments at the time approval is sought (may itself support denial or conditioning of approval).
Rental / Ownership History
☐ History of prior evictions, unresolved lease violations, or landlord/association references reflecting nonpayment or repeated rule violations.
☐ Negative or unverifiable references from prior landlords or associations.
Criminal Background (Individualized Review Required)
☐ Conviction directly relevant to resident or property safety (e.g., violent offenses, sexual offenses requiring registration, arson, or drug manufacturing/distribution), evaluated individually.
HUD guidance treats a blanket “no felons” or similar categorical ban as high-risk for a disparate-impact Fair Housing Act violation. Any criminal-history criterion must weigh the nature and severity of the offense, time elapsed, and evidence of rehabilitation — not simply the existence of a record. Arrests without conviction generally cannot be used. Sealed or expunged records cannot be used.
Application Integrity & Verification
☐ Application is incomplete, or the applicant fails to provide required documentation (photo ID, proof of funds, references, etc.).
☐ Material misrepresentation or falsification on the application.
☐ Applicant declines a required, properly authorized background/credit check or interview process that is applied to all applicants alike.
Occupancy, Use & Community Restrictions
☐ Proposed occupancy exceeds a documented, uniformly enforced occupancy limit based on unit size/bedrooms (not on familial status).
☐ Proposed use violates a lawful, recorded restriction generally applicable to all owners (e.g., minimum lease term, no short-term rental, pet-weight limit applied evenly).
☐ For a lawfully qualified “55 and older” community: approval process appropriately verifies age eligibility needed to maintain the required 80% occupancy threshold under the Housing for Older Persons Act — handled carefully and only in a properly qualified community.
3. Criteria the Board CANNOT Use
Denying — or applying different standards — based on any of the following is unlawful discrimination, regardless of how the reason is worded on paper. This table shows which characteristics are protected under each layer of law that can apply in Southeast Florida.
| Basis | Federal FHA | Florida FHA (Ch. 760, Pt. II) | Miami-Dade County | Broward County | Palm Beach County |
| Race / Color | ✓ | ✓ | ✓ | ✓ | ✓ |
| National Origin | ✓ | ✓ | ✓ | ✓ | ✓ |
| Religion | ✓ | ✓ | ✓ | ✓ | ✓ |
| Sex | ✓ | ✓ | ✓ | ✓ | ✓ |
| Familial Status | ✓ | ✓ | ✓ | ✓ | ✓ |
| Disability / Handicap | ✓ | ✓ | ✓ | ✓ | ✓ |
| Age | — | — | ✓ | ✓ | ✓ |
| Marital Status | — | — | ✓ | ✓ | ✓ |
| Sexual Orientation | — | — | ✓ | ✓ | ✓ |
| Gender Identity/Expression | — | — | ✓ | ✓ | ✓ |
| Source of Income | — | — | ✓* | ✓ | — |
| Pregnancy | — | — | ✓ | ✓ | ✓ |
| Domestic/Dating Violence, Stalking Victim Status | — | — | ✓ | ✓ | — |
* Miami-Dade County protects “income”/lawful source of income in specified contexts; confirm current ordinance scope with counsel. County ordinances are amended periodically — verify current language before relying on this table.
Additional Prohibited Practices
☐ Blanket denial of any applicant with any criminal history, with no individualized assessment.
☐ Denial of a reasonable accommodation or modification request for a person with a disability, including refusal of an assistance/service animal despite a “no pets” policy.
☐ Steering, discouraging, or applying extra scrutiny to applicants based on race, national origin, accent/language, or perceived religion.
☐ Using undefined, subjective standards (e.g., “not a good fit for the community”) as the stated reason for denial.
☐ Inconsistent enforcement — applying stricter criteria to some applicants than others.
☐ Retaliating against an applicant or owner for a prior complaint, fair-housing inquiry, or dispute with the Association.
4. Process Safeguards for the Board
☐ Written screening criteria are provided to every applicant in advance and are available on request.
☐ FCRA-compliant written consent is obtained before ordering any credit or background report, from every applicant.
☐ When a consumer report contributes to a denial, the Association issues a compliant adverse-action notice identifying the reporting agency, confirming the Association (not the agency) made the decision, and informing the applicant of their right to dispute the report and obtain a free copy.
☐ The stated reason for any denial matches a criterion in the Board’s written, pre-adopted policy — never an unwritten or after-the-fact reason.
☐ Board minutes or a denial letter document the specific criterion relied upon (without disclosing more personal detail than necessary).
☐ Application files, correspondence, and the basis for each decision are retained consistent with the Association’s records-retention policy and Chapter 718 official-records requirements.
☐ Any denial is reviewed by association counsel before being communicated, particularly where criminal history, disability, or a close call on protected-class exposure is involved.
| KEY REFERENCES Fla. Stat. § 718.116 — Assessments; approval of transferee. | Fla. Stat. § 718.112(2)(I) Transfer/approval fee cap. | Fla. Stat. § 718.303 — Obligations of owners; remedies. | Fla. Stat. § 83.683 — Servicemember rental application timelines. | 42 U.S.C. §§ 3601–3619 — Federal Fair Housing Act. | Fla. Stat. §§ 760.20–760.37 — Florida Fair Housing Act. | Miami-Dade County Code Ch. 11A | Broward County Human Rights Act | Palm Beach County Code Ch. 15 | HUD Office of General Counsel Guidance on Application of FHA Standards to the Use of Criminal Records (Apr. 2016). |