Last updated: January 19, 2026
Key Takeaways
- Florida HOAs and condos must verify governing documents authorize background checks and obtain FCRA-compliant written consent before screening.
- Conduct comprehensive checks with permissible purpose, including criminal, credit, and eviction history, while performing individualized reviews of criminal records per HUD guidelines.
- Issue mandatory pre-adverse and adverse action notices, ensure fair housing compliance by applying criteria consistently, and maintain secure data with audit trails for 7+ years.
- Adapt to 2025-2026 updates like SIRS completion, mandatory websites, and inspections that impact screening transparency and record-keeping.
- Get started with Tenant Evaluation to automate compliance, streamline workflows, and protect your community from legal risks.
8 Essential Steps for Compliant Background Checks
1. Confirm Screening Authority in Your Governing Documents
Your first step is confirming that your governing documents clearly authorize background checks. Review your declaration, bylaws, and rules to see if they permit screening of buyers, tenants, and additional occupants. Florida Statutes Chapter 718 for condominiums and Chapter 720 for HOAs provide the legal framework, but your documents must spell out screening authority. Check amendments and board policies to confirm coverage for rentals, resales, and occupants over your age threshold. Once confirmed, reference this authority directly in your written screening policy to create a clear legal foundation.
2. Use FCRA-Compliant Written Consent Forms
The Fair Credit Reporting Act requires clear disclosure and written consent before you pull any consumer report. FCRA rules call for a standalone disclosure and authorization form that is separate from the main application. State exactly which reports you will request, how you will use them, and what rights applicants have under FCRA. Make sure consent covers credit, criminal, eviction, and employment verification when applicable. Digital consent through secure platforms like TenantEvaluation keeps a time-stamped record and removes the risk of lost or incomplete paper forms.
3. Order Complete Checks with a Clear Permissible Purpose
Every background check you order must have a valid permissible purpose, such as screening a prospective resident. FCRA treats tenant screening as a recognized permissible purpose. Build a consistent package that includes nationwide criminal records, sex offender registries, credit reports, eviction history, and employment verification when relevant. Avoid partial checks that skip key databases or jurisdictions, since gaps can create safety and liability issues. TenantEvaluation’s SafeCheck+ solution delivers nationwide and global coverage with built-in compliance controls so your board receives complete, consistent information.
4. Apply Individualized Reviews to Criminal Records
Criminal history decisions should follow HUD guidance and rely on individualized assessments, not blanket bans. HUD warns that automatic denials based on criminal records can create fair housing problems. Florida does not limit criminal lookback periods, so your board must decide what is reasonable for your community. Consider the type of offense, how long ago it occurred, evidence of rehabilitation, and how closely it relates to property or resident safety. Focus on serious convictions such as violent crimes, drug manufacturing, or major property damage. Apply the same criteria to every applicant and document the reasoning behind each decision.
5. Send Required Pre-Adverse and Adverse Action Notices
FCRA requires a two-step notice process when you may deny or condition approval based on a background report. You must first send a pre-adverse action notice that includes a copy of the report and the FCRA summary of rights. Give the applicant a reasonable period to dispute errors with the consumer reporting agency. If you decide to deny or add conditions, you must then send a final adverse action notice. That notice should list the main reasons for the decision, identify the reporting agency, and explain the applicant’s rights. Automated tools like TenantEvaluation help your association send accurate notices on time and keep a record of every step.
6. Apply Screening Criteria with Fair Housing in Mind
Fair housing compliance starts with consistent criteria that apply to every applicant. Use the same standards regardless of race, color, religion, sex, national origin, familial status, or disability. Criminal history is not a protected class, yet policies that heavily rely on criminal records can still have a discriminatory impact. Avoid questions about arrests that did not lead to convictions and focus on relevant convictions instead. Document legitimate business reasons for each denial, such as clear safety or financial risk. Train board members and management staff on fair housing basics so everyone follows the same rules.
7. Protect Applicant Data and Keep Records for Seven Years
Background screening creates sensitive records that require strong security and careful retention. Store and transmit personal data using encryption and secure access controls. Aim for PCI Level 1 standards when handling payment and identity information. Florida Statutes Chapter 718 requires associations to keep official records for at least seven years, which sets a baseline for screening files. Maintain audit trails that show who accessed each file, when decisions were made, and how the board voted. TenantEvaluation’s platform automatically redacts sensitive data and logs activity, which reduces breach risk and supports audits or legal reviews.
8. Align Screening with 2025-2026 Florida Compliance Changes
New Florida requirements for 2025 and 2026 affect how associations manage records and transparency. All condo and co-op associations must create online DBPR accounts by October 1, 2025, to confirm SIRS completion. Condo associations with 25 or more units must run official websites by January 1, 2026, and HOAs with 100 or more parcels must maintain official websites. These websites will host official records and may include screening policies, forms, and procedures. Coordinate your background check workflows with other compliance tasks such as milestone inspections, reserve studies, and new disclosure rules. Centralized digital tools make it easier to keep everything accurate and up to date.
Frequently Asked Questions
Can an HOA require a background check in Florida?
Florida HOAs and condominium associations can require background checks when their governing documents authorize screening. The declaration, bylaws, or rules must contain clear language that permits background investigations for buyers, tenants, or other residents. Florida Statutes Chapter 718 for condominiums and Chapter 720 for HOAs provide the legal framework but do not replace specific document authority. Many communities include screening rights in their original documents or add them through amendments. With proper authorization, associations can use background checks to support safety and protect property values.
What does Florida Statute 718 say about background checks?
Florida Statute 718 gives condominium associations broad authority to manage records and operations but does not require background checks. Associations may adopt screening procedures when their governing documents allow it. The statute focuses on record-keeping, access to official records, and board responsibilities. Chapter 718 requires at least seven years of record retention and a response to electronic records requests within 10 business days. Starting in 2026, condominium associations with 25 or more units must maintain password-protected websites for official records, which can include screening policies and related documents.
How far back do HOA background checks go in Florida?
Florida law does not set a maximum lookback period for criminal background checks in HOAs or condominium associations. Unlike states that limit reports to seven or ten years, Florida allows review of an applicant’s full criminal history. Associations still need to apply reasonable, consistent standards when using that information. Boards should weigh the nature of the offense, the time since conviction, rehabilitation efforts, and the connection to resident or property safety. Many communities focus on serious offenses such as violent crimes, drug manufacturing, or major property-related crimes, even when they occurred long ago.
What 2025-2026 Florida condo and HOA updates affect screening?
Several upcoming requirements will shape how Florida associations manage screening and records. All condominium and cooperative associations must complete Structural Integrity Reserve Studies by December 31, 2025, and create online DBPR accounts by October 1, 2025. Condominium associations with 25 or more units must operate official websites or portals by January 1, 2026, to post governing documents, budgets, and meeting minutes. HOAs with 100 or more parcels must also maintain official websites for records access. These transparency rules influence how screening policies, forms, and procedures are stored and shared. Milestone inspections for older buildings add another layer of compliance that boards must coordinate with their screening and record-keeping practices.
Why TenantEvaluation Fits Florida HOA and Condo Compliance
TenantEvaluation focuses specifically on Florida HOAs and condominium associations, which sets it apart from broader property management tools like AppFolio and RentSpree. The platform automates compliance steps that Florida boards handle every day, from consent and notices to record retention. Associations report up to a 70 percent reduction in application processing time compared with manual workflows. The pay-per-application model creates a new revenue stream without large upfront software costs. QuickApprove dashboards give board members a clear, centralized view of each application and voting status.
|
Feature |
TenantEvaluation |
Competitors |
|
FCRA Compliance |
Automated notices, consent, redaction |
Manual processes, compliance gaps |
|
Processing Time |
5-10 minutes |
5-10 days |
|
Board Dashboard |
QuickApprove voting panel |
Email-based approvals |
|
Revenue Model |
Pay-per-application, revenue sharing |
Monthly subscriptions, upfront costs |
TenantEvaluation’s SafeCheck+ delivers nationwide and global background screening with automatic redaction of sensitive data and PCI Level 1 compliance. Intelligent forms adapt to different applicant types and community rules, which reduces back-and-forth with residents. Around-the-clock AI support in 11 languages helps Florida’s diverse population complete applications correctly. With more than $150 million generated for communities and over 100,000 applications processed each year, TenantEvaluation has a strong track record in Florida.
Secure Your Community Today
Background check compliance in Florida requires a clear process that follows FCRA, fair housing rules, and new state regulations. The eight steps in this guide give your board a practical roadmap for consistent, defensible screening. Start with document authority and consent, then move through complete checks, individualized reviews, notices, fair housing, data security, and upcoming law changes.
TenantEvaluation reduces manual work and compliance risk by automating key steps and keeping detailed audit trails. Your board gains faster decisions, better documentation, and a smoother experience for applicants.