Purchases of home

Would you please elaborate on what "approved" means? What are the parameters for approval. Thank you.

If a sale of a home is held up because of so-called "approval" you will be sued. This is a very, very, dubious clause and opens you up for all sorts of pernicious complaints and law suits. Your first denial will set your head spinning!

This is a terrible clause and will open up the HOA to all sorts of lawsuits. If you plan on doing a background check on potential home buyers, you will be sued successfully as soon as their social security number leaks out. If someone fails to sell their house because you turned the buyer down you could be sued by the homeowner for the lack of a sale. This clause smacks of the days of segregation, once popular in Florida. This is "third rail" stuff. Don't do it.

A landlord or property manager does a background check on potential tenants to gather information about their credit, employment/work habits, rental history, and criminal history among other things in hope of entering into a productive landlord/property manager tenant relationship. Of all the data harvested from the background check criminal history is by far the most hazardous to use or apply when making the final decision. It is scary enough to deny rental or lease to an applicant’s based on criminal background checks. You move into an even more hazardous situation when you deny a prospective buyer, which has already been approved by a financial intuition, that has confirmed he or she meets the requirements needed to buy his or her perfect new home. Let’s say you have an applicant that has a criminal record, served his or her sentence, is considered rehabilitated and released to become a productive member of society. While there are some crimes and cases, child molestation, or violent crimes that would be easy to defend against, it would be a treacherous minefield to navigate in many cases. When you are challenged by the prospective, passionate new homeowner it won’t be because you denied their application. It will be because you discriminated against them. While the HOA will be paying for attorneys it’s likely your prospective buyer will be represented by one of many advocacy groups. Even the Federal Government has exerted a lot of pressure to repatriate convicted criminals back into society. A mistake here can be catastrophic. “HUD to landlords: Rent to ex-convicts Or else face the consequences. US. Department of Housing and Urban Development Secretary Julián Castro revisited they are not going to tolerate landlords banning renters with criminal records from leasing their properties. According to HUD, the Fair Housing Act prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status or national origin. Federal officials said landlords must distinguish between arrests and convictions and cannot use an arrest to ban applicants. In the case of applicants with convictions, property owners must prove that the exclusion is justified and consider factors like the nature and severity of the crime in assessing prospective tenants before excluding someone.” Is the board really ready for this kind of stuff, do they really want the responsibility? Does the Tamaron HOA want to be forever tied to this responsibility? My real point here is that it’s not the business of the HOA, or THE BOARD members to make these decisions for us. They have not had the authority to do this ever before. They are not attorneys as far as I know, so not qualified to be a part contracting or advising us in the selling of our homes. Another thing to think about, even for the board members. We kind of know who the board members are today, and that has been a little bit of a moving target, always has. Those I’ve spoken with briefly seem to be nice people, I’m sure with good intentions, and a steep learning curve ahead. The BOARD MEMBERS and the HOA are two parts of a relationship, and for the boards part will not remain constant. Who will the board members be in 1,3,5,10 years? Who will have control over all of this extra authority/power, that they seek to acquire by changes to our community standards, covenants, deed restrictions? If the HOA is allowed to pass this rule into the deed restrictions homeowners will lose the ability to sell their home without going through the process to hopefully get approval of the board, not the HOA, forever. And how will the prospective buyer view this rule? Will he see it as an advantage, or as a deterrent to buy or own in Tamaron??? I encourage everyone to do research, go to meetings, talk to your neighbors, talk to your friends about what’s going on with the future of your home. Go to the HOA website, read the covenants, go to the community standards sections. Read the proposed “updates”, read comments, leave your own comments. Respectfully, Bill