What Can I Do If a Condo Association Doesn’t Approve My Buyer?

by Isaac Benmergui, Esq on June 16, 2013

Foreclosure1You’ve found a buyer for your Miami condominium and now you need the condo board to approve the individual. The board reviews the application and decides ‘no’ the buyer doesn’t meet their guidelines. What can you do?

Most of the time that vote ends the deals. The seller must look for another buyer and the potential buyer looks elsewhere to a new home, which can be tough in a seller’s market. 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

The law offices of Isaac Benmergui can help you with your legal real estate needs; call 780-800-2510 or email Isaac@benmerguilaw.com for more information or to set up an appointment today.




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