[RPPTL LandTen] Not Lease Related but hoping someone has an answer

[Law Offices of Scott A. Frank P.A]

Sorry to use this forum, but I have a client question related to home sales,
and this is the broadest Florida-based forum I have.  So please forgive me
for asking as follows:

 

Client selling home governed by HOA covenants.  Covenants say that a sale
may be disapproved by the HOA for a number of reasons, including if buyer is
putting less than 10% down.  Buyer is obtaining VA loan and putting 4% down.
HOA rejected outright, without requesting financial or income information.
Any case law or other guidance on this?  My belief, based on experience in
other realms, is that since the documents says "may", the board must use
reasonable discretion in applying the standard.

 

Any thoughts?  Thanks.

 

 

Scott A. Frank

Attorney at Law

 

LAW OFFICES OF SCOTT A. FRANK, P.A.

5301 N. Federal Highway, Suite 170

Boca Raton, FL 33487

p:  (561) 826-5400

f:  (561) 423-5721 

 <mailto:sfrank at saflaw.com> sfrank at saflaw.com

 

 

 

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