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Old 04-04-2014, 12:01 AM
 
Location: Lakewood Ranch, FL
5,469 posts, read 8,549,460 times
Reputation: 6618

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If I had to bet, I'd bet they rejected you because you sounded like trouble to them. They are used to doing things the wrong way, so to speak, and you are asking all the right questions. It wouldn't shock me to find out that the decision was made by the one person you talked to and, odds are, even that sort of unilateral decision making authority isn't found in the condo docs....which they'd know if they could find them.

From everything you've posted, they are probably doing you a favor. Is a poorly operated condominium, at any price, worth fighting over?
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Old 04-04-2014, 12:45 AM
 
4,787 posts, read 9,645,065 times
Reputation: 12654
You would have to read the condo documents before you think about suing. If there is language in the docs that the board has the right to refuse a buyer, then you are out of luck. They do not have to give a reason as long as they are not rejecting based upon a protected class ( race, religion, etc.)

Basically it is not so much that they can refuse a buyer, but they have a right of first refusal on any unit. That means they can turn down a buyer and would then have to buy the unit at the same price as the rejected buyer was paying.

However in this case, it could also mean that the seller would just go on to the next buyer as it seems that this is a popular place. The seller could maybe get the same price or better as you were paying and then the condo board is off the hook. It all depends on how those condo documents are worded.

The big question is why would you even bother with this place? You're already not happy with the board or the way it is run. Do you really want to live there and have to deal with these people constantly? Sometimes it's best to just move on and find someplace more amenable to you.
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Old 04-04-2014, 01:19 AM
 
10,334 posts, read 8,212,535 times
Reputation: 4556
Quote:
Originally Posted by willow wind View Post
You would have to read the condo documents before you think about suing. If there is language in the docs that the board has the right to refuse a buyer, then you are out of luck. They do not have to give a reason as long as they are not rejecting based upon a protected class ( race, religion, etc.)

Basically it is not so much that they can refuse a buyer, but they have a right of first refusal on any unit. That means they can turn down a buyer and would then have to buy the unit at the same price as the rejected buyer was paying.

However in this case, it could also mean that the seller would just go on to the next buyer as it seems that this is a popular place. The seller could maybe get the same price or better as you were paying and then the condo board is off the hook. It all depends on how those condo documents are worded.

The big question is why would you even bother with this place? You're already not happy with the board or the way it is run. Do you really want to live there and have to deal with these people constantly? Sometimes it's best to just move on and find someplace more amenable to you.
Because it already was the condo my father has been staying in for 3 winters in a row, with his late girlfriend. I was purchasing the condo, to live there some of the time, but primarily so that he could continue to be a snow-bird there. He has invested in and fixed up that condo, he paid for half the furniture (it was being sold furnished). He just paid to have the air-conditioning fixed. It was her's and his condo; it's just because she was younger that she ended up purchasing it, they both assumed he would pass away first. But it was a big mistake as it turned out, because she died suddenly and everything was left in a mess.

This is a low-priced modest condo by a lake near the beach. There are not many condos like that in the areas that I have looked. They are not a dime a dozen.

Plus it's the basic unfairness of it. I'm a former university professor, I have no debt, I'm not just some schlepp from off the street. I'm not some kind of shady character. They have no legitimate reason for not approving this sale. And if they had some devious plan to purchase it themselves, fix it more, and flip it --- surely that cannot be legal? Then devious boards would be doing that all the time.

And from what I've read, yes, condo boards can not approve you and not give a reason, but there ARE Florida State and Federal laws that place limitations on the reasons that a board can not approve a buyer. If there was a lawsuit they would have to supply highly legitimate reasons for their decision. And as I said they never even contacted my bank, or any of my references, never interviewed me, I don't have debt or bad credit.

I even thought that maybe the daughters who were doing the estate sale just suddenly decided to back out, so asked the board to not approve me. But I've spoken with them both and they say that is not the case.

Last edited by ellemint; 04-04-2014 at 01:30 AM..
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Old 04-04-2014, 01:29 AM
 
10,334 posts, read 8,212,535 times
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Quote:
Originally Posted by Nell Plotts View Post
The seller, or seller's estate, may take legal action against the Board.
The two daughters who are selling, it's an estate sale, are total wusses. One of them actually told me on the phone tonight, "well the board told me we can't appeal this decision. So there's nothing we can do." I was like, who does she think this stupid board is, the supreme court?

It would be far more effective if they, the sellers, put up a stink, not me the rejected undesirable. They should be the ones calling the board, and threatening to sue, not me, but I don't think they're going to.

It just makes me livid.
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Old 04-04-2014, 01:49 AM
 
10,334 posts, read 8,212,535 times
Reputation: 4556
Quote:
Originally Posted by willow wind View Post
You would have to read the condo documents before you think about suing. If there is language in the docs that the board has the right to refuse a buyer, then you are out of luck. They do not have to give a reason as long as they are not rejecting based upon a protected class ( race, religion, etc.)

.
But how would one know what basis they are rejecting on if they never have to give a reason to anyone? How would you know they are not doing it on some unfair basis, like "she seemed too assertive." or in this case, what I suspect, just personal malice of the president of the board.

If this is pursued legally I would think there is some law stating that they must have some legitimate reason---it can't just be "because we felt like it."
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Old 04-04-2014, 05:13 AM
 
5,048 posts, read 7,323,717 times
Reputation: 4165
Can you get some anecdotal info such as might have filtered to the neighbors of your dad's condo? How about if you or your dad sued the estate for his expenses...a/c, etc. That might light a fire under the daughters. And a lawyer's letter to the board perhaps.

It might be that both would get things going in a favorable direction so you wouldn't have to pursue further.
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Old 04-04-2014, 06:35 AM
 
Location: Columbia SC
9,917 posts, read 8,510,599 times
Reputation: 14098
Could the rejection have been because they see it becoming a rental unit meaning you the owner will not be living there even if your Father will be there?
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Old 04-04-2014, 06:59 AM
 
4,275 posts, read 3,456,747 times
Reputation: 9138
I'd be interested if your dad has any theories on why they'd reject you. He may know something that could have affected their decision. At any rate, as others have mentioned, this may be a blessing in disguise. Dad could very well wind up happier renting elsewhere.
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Old 04-04-2014, 09:34 AM
 
3,438 posts, read 4,883,231 times
Reputation: 5413
I suspect there are 2 sides to this story just as there are 2 sides to most stories.
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Old 04-04-2014, 10:10 AM
 
13,078 posts, read 7,264,213 times
Reputation: 14545
Quote:
Originally Posted by ellemint View Post
But how would one know what basis they are rejecting on if they never have to give a reason to anyone? How would you know they are not doing it on some unfair basis, like "she seemed too assertive." or in this case, what I suspect, just personal malice of the president of the board.

If this is pursued legally I would think there is some law stating that they must have some legitimate reason---it can't just be "because we felt like it."
Since you refused to hire a real estate attorney to handle this properly from the beginning, it seems you will never know.

Assertiveness isn't a protected class. They could say you were uncooperative and did not seem like a good fit for their community.
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