Can my HOA ask for $100 for a background check?

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Can my HOA ask for $100 for a background check?

We have been living here for over 15 years and went though a background check 15 years ago. When asked why they are doing this now they said that they are updating the system. Is this legal?

Asked on July 30, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal assuming that the documents creating the HOA and/or its bylaws give it this power. HOAs *potentially* have very broad authority to set rules and impose charges, and nothing in the law makes what you describe illegal. However, they only have the power granted them by the authorizing documents or which they have properly voted or adopted, like bylaws. So you need to review those documents to see if they can do this or not.


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