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

Roland Waller roland.waller at rdwaller.com
Sun Nov 6 12:18:27 PST 2016


You might try the Condominium Committee blog.  It is very active.  It is dominated by Home Owner Association Attorneys so you might not receive an objective opinion.


Thank You,
Roland "Chip" Waller
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank P.A
Sent: Sunday, November 06, 2016 11:21 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Not Lease Related but hoping someone has an answer

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

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