Can an HOA demand a buyer’sowner’s SSN if they are paying all cash?

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Can an HOA demand a buyer’sowner’s SSN if they are paying all cash?

My wife and I are buying a house in FL. The HOA wants SSN’s for the application. Is this legal? Am I within my rights to refuse and can they then block the sale?There is no mortgage involved as this is a cash purchase. I see no need to give this personal and sensitive information out when it is not relevant to the purchase. Since we will be only part-time residents I’m even more hesitant.

Asked on June 1, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

They have a right to demand it, as they have a right to demand any information (height, weight, favorite baseball team, etc.) that does not act to discrimiante against a protected category, such as a race, sex, religion, age over 40, or disability status. Your recourse is, if you don't like the terms of the sale, to not buy this house; there is no inherent right to buy this home, or inherent obligation on the part of the community to let you buy it--it's a voluntary transaction, and the parties have a right to set the terms thereof.

If you don't trust this HOA with your social security number, then the bigger question is, why are buying here? Do you really want to live with people that you feel might misuse this information?


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