Board Buying Condominium Governance Legal

Criminal Record May Keep Potential Condo Owner Out of Association

J.L. from outside of Connecticut writes:

Dear Mister Condo,

Should I discuss my personal background history with an association member before I decide to place a bid on a unit? I want to be honest and not hide anything or make it be a surprise when they run my background check. I have somewhat of a low credit score according to association approval guidelines, but not that low from what they are looking for as a requirement. In addition, I have a criminal record that is pending and it will soon be dismissed. I am not a murderer nor am I a pedophile. I just took the wrap for my son’s wrongdoing to protect him and now I am feeling and paying the consequences of my actions. However, I do not regret doing what I did for the sake of my son. Your thoughts and answers are appreciated. It just hinders me trying to get approved by an association. Thank you.

Mister Condo replies:

J.L., I think discussing those issues that will surface in your background check is a double-edged sword. If the association member that you are telling is a friendly ear and will advocate on your behalf after the background check is complete and the Evaluation Committee or Board will determine your eligibility to enter the community, then I think explaining your situation in advance is a good idea. If the association member is not going to be able to advocate for you, then why bother? The credit check will show that you are eligible from what you have told me. That is very important. The criminal background check is another story and may very well be the reason you are turned down if the decision goes that way. Regardless of your reasons, you now have a criminal history. You may be able to explain it to the Board’s satisfaction but they are the ones who are accountable to the other community members who expect the Board to protect them from criminals entering their association. Keep in mind that these folks are not criminal law experts. They will simple interpret the data and make a decision. They were elected by their fellow unit owners to follow the protocols outlined by the association’s governing documents, no more, no less. If your background makes you ineligible to enter the community, they really have no right admitting you. I hope it goes your way but I am skeptical. All the best!

2 thoughts on “Criminal Record May Keep Potential Condo Owner Out of Association”

  1. If you don’t have to fill out a questionnaire then don’t volunteer any information. If their governing documents allow for, require, and give the board the right to reject you let them determine your situation. You are under no obligation to disclose anything unless the docs say say differently.

  2. It’s curious to me that any association in the United States believes it has the legal right to screen potential buyers — tenants, perhaps: and that’s the owner’s right — unless it’s a Co-op.

    Please help me understand how screening a potential buyer is legal.

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