Buyer Screening Questions That Shouldn’t Be Asked by a Board of Directors

R.W. from New Haven County, Connecticut writes:

Dear Mister Condo,

The screening process for a perspective buyer’s questions and answers are limited. What are some questions the BOD is not allowed to ask you?

Mister Condo replies:

R.W., the questions are limited for very good reason. The Board does not want to risk being accused of discrimination. Therefore, it is not uncommon for a standardized questionnaire to be used, ideally one that was vetted by the association’s attorney so as to keep the risk of being sued to a minimum. Blatantly discriminatory questions should never be asked – race, religion, sexual orientation, disabilities, political views, and so on but even less obvious questions should also be avoided. I would encourage any prospective buyer that is being screened by a Board prior to purchase into an association to keep accurate records about any questions they are asked – verbally or in writing, so that in the event of being rejected by the Board, the prospective buyer can consult with an attorney to discuss what was asked and assure they were not discriminated against for a question that shouldn’t have been asked. Good luck!