If you can prove that your competitor’s advertising is false, untrue, or misleading, you may be able to bring a claim under the Lanham Act. Specifically, you could sue your competitor under 15 U.S. Code § 1125 (the Lanham Act) to:

• Seek an injunction against the competitor’s false advertising;
• Recover damages; and
• In some cases, seek attorney’s fees.

If your competitor has engaged in false advertising, contact a Tampa business attorney at HD Law Partners immediately.

What is ‘false advertising’ under the Lanham Act?

Your competitor may violate the false advertising section of the Lanham Act when it uses any oral or written statements that are likely to mislead consumers in an attempt to influence their buying behavior.

The following types of advertisement can contain false or misleading advertising:

• TV or radio ads
• Written advertisements
• Ads on the internet
• Email and social media promotions
• Website ads
• Pamphlets
• Labels

Also, you can sue your competitor under the Lanham Act if they use trademarks that confuse or deceive consumers.

How to prove false advertising under the Lanham Act?

In order to bring a false advertising claim under the Lanham Act, you must establish the following elements:

1. There was a false or misleading statement of fact. You can take legal action against your competitor under the Lanham Act if their statements are “literally false” or “literally true” but deceive or are likely to deceive, mislead, or confuse consumers.
2. The statement was used in the competitor’s commercial advertisement or promotion. See the above-mentioned list of commercial advertisement types to understand what kinds of advertisements are eligible for protection under the Lanham Act.
3. The competitor’s false advertising is likely to deceive consumers in a “material way.” Generally, Florida courts presume that literally false advertising deceives a consumer in a “material way.” However, the wronged party may not need to demonstrate evidence of materiality if the competitor acted in bad faith or engaged in willful conduct.
4. You have suffered or are likely to suffer a competitive or commercial injury due to the false or misleading statement. If you are trying to recover damages, you will need to show proof of actual harm suffered as a result of the competitor’s false advertising. However, in order to seek an injunction against false advertising, you may only need to show that your competitive or commercial injury was likely to happen.

Why do you need to file a false advertising lawsuit under the Lanham Act?

If you prevail in your false advertising claim under the Lanham Act, you can obtain an injunction preventing your competitor from continuing to use or spread false advertising.

In many cases, courts may also require the competitor to publish corrections of false statements. If false advertising caused financial losses or actual damages, the court might order the competitor to pay for the plaintiff’s damages.

If your competitor is using false advertising or making misleading statements to promote its products or services in a way that (a) deceives customers and (b) causes or is likely to cause you damages, you may be able to file a false advertising lawsuit under the Lanham Act.

Consult with our business law attorneys at HD Law Partners to discuss your case and determine whether you can sue your competitor for making false or misleading statements. Call 813-964-7878 to receive a consultation.

Can a Homeowners’ Association (HOA) Deny a Potential Buyer or Renter in Florida?

Posted in Business Corporate | No Comments »

If you own a condo or home but want to rent it out to earn some passive income, you may be wondering, “Can my homeowners’ association (HOA) prohibit or restrict rentals?”

The short answer is, “Yes.” A homeowners’ association can prohibit or restrict rentals. For example, many HOAs in Florida limit the number of leases per year or impose mandatory waiting periods before a homeowner is allowed to rent their unit.

If you are having disputes with your HOA or COA regarding rentals, you should contact our Tampa homeowners’ association attorney at HD Law Partners to discuss your particular situation.

Can HOAs prohibit rentals in Florida?

Generally, yes. Homeowners’ associations can either create rental restrictions or prohibit homeowners from renting out their units. However, under Florida Condominium Law, homeowners’ associations cannot amend their governing documents – known as a Declaration of Covenants, Conditions, and Restriction – unless at least two-thirds of the members approve the new measure.

While many HOAs prohibit or restrict long-term rentals in Florida, some only ban short-term rentals (Airbnb).

How can a homeowners’ association restrict rentals?

While rental restrictions vary from one association to another, it is vital to consult with a skilled homeowners’ association attorney in Florida to review the HOA’s governing documents to determine if any rental restrictions exist.

Under Section 718.110(13), Florida Statutes, HOAs can limit the number of times a homeowner is permitted to rent their unit during a specified period.

The most common rental restrictions established by HOAs include:

• Permitting homeowners to rent a unit a limited number of times per year. For example, an HOA may allow owners to rent their home or condo once or twice a year.
• Setting a minimum lease period. This is a common restriction aimed at banning short-term rentals and Airbnb in HOAs. Typically, HOAs set 30, 60, or 90 days as a minimum lease period.
• Imposing a mandatory waiting period. Some homeowners’ associations allow homeowners to rent their units after a certain amount of time has passed. For example, an HOA may require owners to occupy or own a unit for a year before renting it out.
• Limiting the number of rental units in the HOA. Many HOAs impose a rental cap to limit the number of rental units in the community. For example, if the rental cap is set at 30%, you can only rent your unit if 29% or fewer units are currently rented in the HOA.

If your HOA restricts rentals, you may want to consult with an experienced homeowners’ association attorney in Florida to determine whether the restrictions meet the definition of “reasonable” under state law.

When evaluating the reasonableness of rental prohibitions or restrictions, courts determine whether the HOA had a legitimate purpose for prohibiting or restricting rentals.

Can an HOA screen and turn down tenant applications?

Many HOAs reserve the right to screen and turn down prospective tenants in order to weed out renters who might be “harmful” to the community. However, HOAs must be cautious about conducting background checks because the Fair Housing Act prohibits discrimination based on the renter’s race, national origin, color, gender, religion, disability, and familial status.

Schedule a consultation with our Tampa homeowners’ association attorneys at HD Law Partners to determine whether your HOA can prohibit or restrict rentals in your particular case. Call at 813-964-7878 to schedule a consultation.

Resource:

hud.gov/program_offices/fair_housing_equal_opp/fair_housing_rights_and_obligations

What to Do When Your Homeowners’ Insurance Claim is Denied in Florida?

Posted in HOA/Property Management | No Comments »

You most likely had your home appraised before purchasing it. However, home purchase appraisal and insurance appraisal is not the same thing.

If you are trying to determine how much your homeowners’ insurance company owes you through the appraisal process, do not hesitate to contact an experienced Sarasota homeowners’ insurance attorney to ensure that all of your damages and losses are taken into account when determining the value of your insurance claim.

What is an insurance appraisal?

Basically, the insurance appraisal process refers to the valuation of your insurance claim. Insurance companies use an appraisal to determine the value of the policyholder’s losses.

Both the insurer and the homeowner hire an independent and neutral appraisal to determine a fair settlement offer.

Your insurance company saying that your damages or losses are covered under your homeowners’ insurance policy is half the battle. There is no guarantee that your insurer’s settlement offer will reflect the full scope and extent of your losses.

Often, insurers use appraisal in order to devalue a homeowners’ insurance claim.

How does the homeowners’ insurance appraisal process work?

Here’s how the insurance appraisal process works in Florida:

1. If you and your homeowners’ insurance company cannot agree upon the valuation of your claim, each side can hire an independent third-party appraiser.
2. Each appraiser then selects an arbitrator to resolve any disputes between the parties. The arbitrator, or the umpire, and the two appraisers form the so-called “appraisal panel.”
3. Both appraisers review all the evidence and documentation submitted by both parties, conduct an on-site visual inspection, and examine the monetary value of the loss and damage to determine a fair settlement amount. Each side should come to an agreement during the appraisal process.
4. If the appraisers cannot reach an agreement, the chosen arbitrator will review each appraiser’s opinion to settle the case.
5. After the valuation of the claim is final, the appraisal panel will sign an appraisal award.
6. Your insurance company is required to pay you the agreed-upon amount in the appraisal award.

How to choose an insurance appraiser?

An appraiser plays a pivotal role in the outcome of the appraisal process, which is why you need to hire the right one. If you do not know how to choose an insurance appraiser, your homeowners’ insurance attorney can help.

Skilled homeowners’ insurance attorneys in Florida have a lot of experience in dealing with insurance appraisals. They know where to find qualified and competent appraisers who can determine a fair settlement value.

When choosing an appraiser, you need to find the one with previous experience in dealing with your specific property damage to ensure an accurate estimation of your claim.

While each side will be responsible for paying their chosen appraiser, the appraisers cannot be biased toward their client. However, an appraiser will help effectively document the full extent of your claim and estimate your losses.

Your Sarasota homeowners’ insurance attorney, meanwhile, will help you navigate the appraisal process and ensure that you are getting a fair settlement offer. Insurance appraisals can be confusing and costly, which is why it is best to consult with an experienced attorney. Contact our lawyers at HD Law Partners to discuss your unique case. Call at 813-964-7878 today.

5 Things to Avoid During the Hurricane Insurance Claims Process in Florida

Posted in Homeowners Insurance | No Comments »

If your homeowners’ insurance company requests a Sworn Proof of Loss, commonly referred to as SPOL, after you file a claim, you may not know how to respond because you don’t know what SPOL is.

Submitting a Sworn Proof of Loss, or SPOL, is a fundamental part of the homeowners’ insurance claims process. When you submit a SPOL and what information you provide in this legal document can affect the outcome of your insurance claim.

For this reason, it is important to understand what Sworn Proof of Loss is and contact an Orlando homeowners’ insurance attorney if your insurance carrier requested a SPOL.

What is a Sworn Proof of Loss (SPOL) in Florida?

Basically, a Sworn Proof of Loss is a statement that you are required to make under oath to your homeowners’ insurance company. In the SPOL, the claimant must detail the damages they sustained as a result of a covered loss (e.g., hurricane damage).

A SPOL is an affidavit that you submit to your insurance company. As you can guess, the information you provide in this statement could be used against you to undervalue or deny your homeowners’ insurance claim. For this reason, you should ensure that your SPOL is accurate, complete, submitted promptly, and does not contain any incorrect information.

Insurance companies demand claimants to submit a Sworn Proof of Loss in order to evaluate the extent of damages to the claimant’s property. Also, insurers can use SPOLs to have legal grounds to dispute, devalue, or deny claims.

Your SPOL must be timely, accurate, and complete

Homeowners’ insurance companies set a deadline for claimants to submit a Sworn Proof of Loss. If you fail to submit a SPOL on time, the insurer may deny you coverage because you failed to fulfill your obligation under the insurance policy.

Usually, claimants are required to submit a SPOL within 30 or 60 after their insurance company requests the statement. You should review your insurance policy to find out how much time you have to make the statement under oath.

Since a SPOL is a statement made by you under oath, it is critical to ensure that the statement is accurate and complete. If you provide inaccurate or incorrect information when submitting a Sworn Proof of Loss, your insurer may accuse you of insurance fraud.

Under Section 817.234, Florida Statutes, a person is guilty of insurance fraud when their proof of loss or estimate of claim contains any “false, incomplete, or misleading information” about any material fact relating to the claim.

Contact a homeowners’ insurance attorney

As you can see, your SPOL can affect the outcome of your homeowners’ insurance claim. That is why you must ensure that you submit a SPOL in a timely manner and that the statement is accurate and complete.

It is advised to speak with an experienced homeowners’ insurance attorney to help you prepare a Sworn Proof of Loss. Contact our lawyers at HD Law Firm in Orlando to discuss your situation. Call at 813-964-7878 for a free case review.

What to Do When Your Homeowners’ Insurance Claim is Denied in Florida?

Posted in Homeowners Insurance | No Comments »

Homeowners and commercial property owners in Florida know what it’s like to suffer from hurricane damage, tropical storms, and other acts of Mother Nature.

Many of them also know that getting compensated for the damages through their hurricane insurance is a tedious process. Unfortunately, Floridians are no strangers to dealing with uncooperative insurance adjusters or insurance companies that delay, undervalue, or deny hurricane insurance claims.

If this sounds like you, you should seek help from a hurricane insurance attorney in Florida to help you obtain the compensation you deserve to repair your damaged home or business property and replace damaged or destroyed items.

Do not hesitate to speak with a Fort Myers hurricane insurance attorney at HD Law Partners to discuss your options. Every minute counts.

When Your Insurer is Delaying the Hurricane Insurance Claims Process

Often, homeowners and business owners in Florida complain that their insurance company is delaying the claims process by:

• Not getting the hurricane damages assessed;
• Requesting voluminous documentation before processing a claim even after you have submitted all necessary information and documents;
• Delaying the investigation; or
• Not paying any money for repairs covered under the policy.

The insurance claims process can be quite time-consuming as it is, but insurance companies can make it much longer by engaging in delay tactics. This leaves you in a particularly vulnerable position because you need the money to pay for all the damage caused by the hurricane.

The insurer’s intention is to create unnecessary delays and set you up for failure to force you to accept an initial settlement offer that does not cover all of your expenses.

Otherwise, you may end up waiting months to get a payment from your insurance company. If your insurance company is delaying the claims process, it is time to contact a hurricane insurance attorney to find out what’s wrong and get you the payment as soon as possible.

Depending on the reason for the delay, your attorney may be able to get the insurer to pay you the same day you contact an attorney or within days or weeks of employing the assistance of a knowledgeable lawyer.

When the Insurance Company Denies or Undervalues Your Claim

An insurance company may also attempt to deny your legitimate and valid hurricane insurance claim or refuse to cover all of the damages. Insurers use a wide range of bad faith practices and tactics to deny and undervalue claims.

Failure to fight back could leave you without any compensation or with less compensation than you deserve. It is not uncommon for insurance companies to take advantage of the claimant’s lack of legal knowledge to deny a claim, state that the damage is excluded from coverage, or agree to pay as little as possible.

When this happens, it is imperative that you contact a Fort Myers hurricane insurance attorney. An experienced lawyer will fight for your rights, appeal the insurance company’s decision, and ensure that you get every penny to which you are entitled. Contact our Florida hurricane insurance attorneys at HD Law Partners to discuss your unique situation. Call at 813-964-7878 to get a case review.

5 Things to Avoid During the Hurricane Insurance Claims Process in Florida

Posted in Hurricane Insurance | No Comments »

If you carry homeowners’ insurance, you probably expect your insurer to pay for any covered damages to your property, including fire, theft, wind, flood, and others. However, you may be surprised to find out that your homeowners’ insurance claim has been denied.

What should you do when your insurance company denies your homeowners’ insurance claim in Florida? Should you dispute the denial yourself or contact a Tampa homeowners’ insurance attorney to appeal the insurer’s decision?

When a Homeowners’ Insurance Claim Denial is Bad Faith

Insurance companies routinely deny homeowners’ insurance claims or attempt to undervalue claims filed by policyholders. If you have been paying your insurance premiums consistently and on time for many years, you probably expect your insurer to fulfill its obligations. However, you need to keep in mind that insurance companies are never on your side.

Often, insurers put their own profits ahead of their policyholders’ best interests. As a result, your homeowners’ insurance claim can be denied or severely undervalued simply because the insurer is trying to increase profits. When an insurance company fails to keep its promises, you may grounds for an insurance bad faith lawsuit.

However, not all claim denials are made in bad faith. Sometimes, insurance claims are denied by mistake.

What to Do When Your Homeowners’ Insurance Claim Was Denied?

Before appealing the insurer’s decision to deny coverage, you need to prepare a winning strategy for disputing the denial. Before contacting your insurance company to ask questions about the denial or file an appeal, you need to:

• Consult with a homeowners’ insurance lawyer; and
• Review your insurance policy and your claim to understand why the insurance company denied it.

When your claim is denied, the insurance company is required to provide you with a notice stating the reasons for the claim denial. If you did not receive the notice, you have a right to contact your insurer and request an explanation. If the insurer refuses or fails to comply with the request, you may be dealing with a potential bad faith insurance practice. If this happened, you might be able to bring a civil action against your insurer under the Florida Statutes Section 624.155.

According to the Homeowner Claims Bill of Rights outlined in the Florida Statutes Section 627.7142, policyholders have the right, within 90 days of submitting a proof-of-loss statement, to receive:

• Full settlement for the claim (if your claim is covered in full);
• Partial payment for the undisputed portions of the claim); or
• Denial of the claim.

Contact a Tampa Homeowners’ Insurance Attorney

If your homeowners’ insurance claim was denied, the first thing you should do is contact a knowledgeable attorney to assist you with appealing the denial. Your lawyer will prepare sufficient documentation and persuading evidence to dispute the denial of coverage.

It is not advised to appeal the insurer’s decision if you do not have new evidence and documentation to support your claim. Contact our lawyers at HD Law Partners if your claim was denied. If you believe that your insurer acts in bad faith, schedule a free consultation with our Tampa insurance bad faith attorney. Call at 813-964-7878 for a case review.

Foreclosure Crisis Looms as Moratorium Set to Expire: What Your Options Are

Posted in Insurance Bad Faith | No Comments »

The State of Florida is no stranger to hurricanes that leave behind a path of destruction. Catastrophic storm surges and extreme winds and flooding can cause millions or billions of dollars in property damage.

If you are a homeowner who has suffered extensive property damage due to a hurricane, there are things you can do to maximize your settlement when pursuing a hurricane insurance claim.

How to Maximize Your Hurricane Insurance Claim Settlement?

If you suffered the destructive power of a hurricane in Tampa, Orlando, Fort Myers, or other parts of Florida, follow these five tips to maximize your settlement when filing a hurricane claim with your insurance company:

1. Notify your insurer. The first thing you should do is contact your insurance company to inform them of the property damage as a result of a hurricane. Inform them of the damages you have suffered, and do not forget to keep a copy of a written notice. Failure to notify your insurer within a reasonable amount of time could lead to a denial of your hurricane insurance claim.
2. Know what is and isn’t covered under your policy. If you suffered property damage as a result of a hurricane, it is vital to understand what damages are covered under your policy. It is advised to contact an experienced insurance attorney to help you review your policy and determine what damages are recoverable.
3. Document your property damage and collect evidence. The success of your hurricane insurance claim depends on the strength of your case and your evidence. For this reason, you could benefit from hiring a Tampa insurance attorney to help you gather evidence to support your claim.
4. Mitigate property damage. While documenting property damage is important, it is equally important to mitigate your damages. It means that you must take all reasonable steps to prevent any further damages from occurring. Failure to take reasonable steps to mitigate property damages could result in the denial of your claim.
5. Document every communication with your insurer. You can also maximize your settlement by documenting every communication with the insurance company. Keep a diary or notebook to take notes on every interaction and conversation with your insurer.

What to Do if the Insurance Company Acts in Bad Faith?

If you believe that your insurance company acts in bad faith when handling your hurricane insurance claim, do not hesitate to contact an insurance bad faith attorney to fight back and protect your legal rights.

An insurance company may be acting in bad faith if they fail to uphold a duty to a policyholder by attempting to delay, undervalue, or deny a hurricane insurance claim. A hurricane can be a serious event that can jeopardize people’s homes and commercial properties. The last thing you need is an insurance company engaging in unfair business practices, denying your claim, or paying you as little as possible.

Speak with a Tampa insurance bad faith attorney if you believe that your insurer is treating your claim unfairly. Contact our lawyers at HD Law Partners by calling at 813-964-7878 if you live in Tampa or 888-267-5651 if you live in Orlando.

Addressing Homeowners’ Association Residents’ Concerns Surrounding Use of Facilities & HOA Fees

Posted in Homeowners Insurance | No Comments »

Many homeowners choose to put signs in their yards to express their political views or opinions on controversial issues. While the U.S. Constitution protects freedom of speech, homeowners who display or place controversial yard signs in their yard may get into disputes with their homeowners’ associations (HOAs).

Who’s Right in Yard Sign Disputes Between Homeowners and HOAs?

The practice of displaying political or other signs outside of your home is not prohibited in many neighborhoods and rural settings. However, when a homeowner lives in an area governed by an HOA, they may have to comply with the association’s rules regarding what homeowners can and cannot place in their yard.

Often, homeowners are restricted from:

• Putting signs, banners, or flags in their yard
• Placing certain decorations outside
• Painting their home
• Having certain pets

Many of the restrictions trigger disputes between homeowners and their HOAs. When this happens, the parties should contact a homeowners’ association attorney to help them resolve their disputes in accordance with applicable state laws and ordinances. Typically, who is right in a yard sign dispute between homeowners and HOAs is determined on a case-by-case basis.

The Legality of Placing Yard Signs

While homeowners are required to abide by the same rules imposed by their HOAs, it is not uncommon for homeowners’ associations to favor or single out certain homeowners or even impose rules that are not in the HOA’s governing documents.

In the past, courts have found that the right to display political or other yard signs in HOAs is not protected under free speech rights. Instead, whether or not a resident is allowed to place yard signs depends on the association’s guidelines as well as laws of the city, county, or town where the homeowner lives.

The question of the legality of placing yard signs depends on the guidelines established by the homeowners’ association and the circumstances of your unique case. Whether or not an HOA has a legal right to enforce a ban on yard signs depends on the state you live in and the association you reside in.

It is advised to contact an Orlando homeowners’ association lawyer to review your particular situation and find ways to resolve your dispute based on the laws and ordinances of your city, county, or town.

How to Resolve a Dispute Between Homeowners and HOAs?

If a homeowner disagrees with their association’s rules on placing yard signs, they must contact an experienced lawyer. The first step in conflict resolution is to try mediation. If no mutually acceptable agreement is reached, a homeowner and HOA may try to resolve their dispute through arbitration. The third option is to file a lawsuit and resolve the dispute in court.

Seek legal counsel from our Orlando homeowners’ association lawyers at HD Law Partners to review your particular situation and help you resolve a dispute over yard signs. Talk to our attorneys about the reasonableness of the implementation or enforcement of restrictions on political or other yard signs. Call at 813-964-7878 to receive a free consultation.

Addressing Homeowners’ Association Residents’ Concerns Surrounding Use of Facilities & HOA Fees

Posted in Homeowners Association | No Comments »

If you are like most business owners, you will do all it takes to protect your business at all costs. However, under certain circumstances, you may be unable to protect your business from unexpected events such as a natural disaster or pandemic.

Every business owner must consider purchasing business interruption insurance to protect their company from the unexpected extra expenses and loss of income. However, you need to understand what is covered under business interruption insurance before investing in it.

What is Business Interruption Insurance?

Business interruption insurance is a coverage that can help replace the income your business loses in the event of physical damage or covered loss. This type of insurance is very popular among business owners in Florida because the Sunshine State is no stranger to hurricanes that cause devastating damages and financial losses to businesses.

Your business may benefit from having business interruption insurance coverage because you need to be prepared for the unexpected. If you own or operate a business in Florida, having business interruption insurance is almost a necessity because of the hurricane season.

Or, as it was evident during the COVID-19 pandemic, your business may suffer the loss of income due to the government placing restrictions or shutting down the entire state. In other words, you never know what is going to happen the next week or even tomorrow, which is why business interruption insurance comes in handy to give you peace of mind.

However, when purchasing business interruption insurance, it is vital to double-check what is covered and what is not covered.

What Does Business Interruption Insurance Cover?

Depending on the type of your business interruption insurance, the policy may provide coverage for the following losses and expenses:

• The revenue you would have earned, according to past financial records, had your business not been forced to shut down;
• Rent, lease, or mortgage payments for the property or space your business temporarily operates from while the main property or space is being repaired or restored;
• Expenses associated with relocation if you were forced to move to a new location;
• Loan payments;
• Payroll for your employees;
• Taxes;
• Training costs for employees who need to learn how to use new equipment after your property has been damaged; and
• Extra expenses associated with moving to a new location (e.g., the cost of advertising your new location to inform your customers of the new place).

Every business interruption policy is different, which is why it is important to have an experienced business interruption attorney review your policy to determine what is covered and what isn’t covered.

What to Do if Your Business Interruption Claim Was Denied?

Unfortunately, it is not uncommon for insurance companies to deny business interruption claims even when the business is requesting reimbursement for a covered loss. The language used in insurance policies is confusing or ambiguous on purpose to provide the insurer the opportunity to deny claims.

When this happens, do not hesitate to consult with a Tampa business interruption attorney to discuss your particular case and determine your best course of action. Schedule a consultation with our lawyers at HD Law Partners by calling at 813-964-7878.

Developments in Business Interruption Insurance Litigation Claims Brought Throughout Florida & Country

Posted in Business Corporate | No Comments »

The board of directors of a Homeowners’ Association (HOA) is elected by the residents of the community. An HOA is a governing body that makes and enforces many rules that impact the entire community. One of the HOA’s duties is to protect the value of its residents’ homes.

But what about denying buyers or renters in the community? Can an HOA decide who can and cannot buy or rent homes in the community? In Florida, HOAs have a legal right to approve or deny potential buyers and tenants if they do not meet specific criteria outlined in the association’s governing documents.

The Association’s Decision Cannot Be Discriminatory

HOA/Condo laws in Florida allow HOAs considerable discretion in approving or denying potential buyers and renters. While associations can apply the screening process to deny buyers and renters, the decision cannot be discriminatory or violate the Fair Housing Act.

According to the Department of Housing and Urban Development, the Act prohibits discrimination in housing based on race, religion, color, sex, age, disability, familial status, and national origin.

Legal Reasons to Deny Potential Buyers or Renters

If a condo or homeowners’ association wants to reject a buyer or tenant, it must fully disclose its screening process in the governing documents. Also, when denying a prospective purchaser or renter, the HOA must have clearly explained its reasons for rejection. Without proper documentation explaining reasons for denial, the rejected buyer or renter is likely to pursue a discrimination lawsuit against the association.

There are four legal reasons associations can deny potential buyers or renters:

1. Violation of a rule outlined in the governing documents;
2. A propensity to violate rules and regulations in the past (e.g., an applicant, who lived in the association as a tenant and now wants to buy a property, is known to have violated the community’s rules);
3. Material misrepresentation on the potential buyer or renter’s applications (e.g., if the association asks about the applicant’s criminal history but the applicants lies, the association has legal grounds to deny the application); and
4. The prospective buyer or renter has been convicted of a felony for violent crimes or crimes involving property, and their civil rights have not been restored.

How Do HOAs and Condos Screen Potential Buyers and Renters?

First and foremost, a condo or homeowners’ association must have governing documents outlining the screening process and defining criteria for denying potential buyers and renters. Without clear guidelines, the rejected buyer or renter is likely to file a discrimination lawsuit against the condo or HOA.

Condo and homeowners’ associations have a right to accept or deny potential owners or tenants. However, rejected buyers and renters may think that the association’s decision is discriminatory and sue the association.

If you are a buyer or tenant whose application has been denied by the HOA and you believe that the association overstepped its rights, do not hesitate to contact our Sarasota homeowners’ association attorneys at HD Law Partners. Schedule a case review to determine whether the association violated any state or federal laws when it rejected your application. Call at 813-964-7878 to schedule a consultation.

Resource:

hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview

Evictions & Foreclosures On Hold for Another Two Months as Moratoriums Extended: What This Means

Posted in Homeowners Association | No Comments »