When a Miami Condominium Association Doesn’t Approve Your Buyer

by Isaac Benmergui, Esq on January 17, 2013

Room w windowsYou’ve finally found a buyer for your Miami condominium and now all that’s left is for the condo board to approve the individual. The board reviews the application and votes against your buyer. What do you do?

In most cases, the transaction ends there; the seller looks for another buyer, the potential buyer looks elsewhere to a new Miami-area home. But before you take the board at their word, make certain you know the board has the power to deny the application.

Check the “Declaration” and other documents that contain the rules for the homeowners’ association. The documents must grant the board the power to approve prospective buyers and tenants. Many times a board has been approving buyers for years, but it doesn’t actually have the power to do so and has fallen into a case of “that’s the way it’s always been done.” If you discover this is the case, an experience real estate attorney’s letter to the board explaining the limits of their power may be all that’s needed.

But if your association does have the power to approve the buyer, it must be consistent in its decisions and a denial must be made for good reason.

Getting Legal Help

If you need an experienced real estate attorney to review your homeowners’ association documents, the law offices of Isaac Benmergui can help; call 780-800-2510 or email Isaac@benmerguilaw.comfor more information or to set up an appointment today.




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