How does Florida's HB 43 affect our HOA's tenant screening process for reusable reports?

Florida HB 43 allows tenants to submit reusable screening reports that include credit history, criminal background, rental history, and employment verification. Your HOA does not have to accept these reports. If you choose to accept them, you cannot charge duplicate processing fees for the same screening items. Your board should decide what standards these reports must meet, including how recent they must be and which data they must contain. Applicants must provide a statement that the information has not changed. These rules should fit within your existing criteria so that reusable reports support, rather than replace, your association's screening standards.

What documentation should our HOA or condo have to legally run background checks and charge fees?

Your governing documents should clearly grant authority to screen tenants and charge fees. This authority usually appears in the declaration, bylaws, or rules and regulations and should include: Transfer subject to approval language, Board authority to approve or deny tenants and occupants, Permission to charge reasonable screening and application fees. You also need written consent forms for background checks, privacy notices explaining data handling, and fee disclosures that state the amount and purpose of each charge. Written good cause criteria for denial and consistent documentation of each decision help protect the association during disputes.

What are the most common legal missteps during tenant evaluation, and how can our board avoid them?

Common missteps include applying different standards to different applicants, skipping written consent for background checks, and failing to document reasons for denial. Storing or sharing sensitive personal information without proper security is another major risk. Your board can reduce these issues by: Using one written set of criteria for every applicant, Collecting signed consent before any background check, Keeping detailed records that explain each approval or denial, Using secure systems for storing and accessing applicant data. Regular training on Fair Housing rules and periodic legal reviews of your policies provide an additional safeguard.

How can technology improve transparency and efficiency for board members?

Modern tenant evaluation platforms give board members real-time access to application status, background results, and key summaries. Directors can log into a secure dashboard, review files, and cast votes from one place instead of managing long email threads. These systems create clear audit trails of all board actions and send alerts when an application needs attention. Configurable criteria, automated document checks, and strong data security help boards make faster decisions while still following community rules and legal requirements.

What qualifies as a reasonable screening fee for Florida HOAs and condos?

Florida law requires that screening fees be reasonable and not excessive, but it does not set a fixed dollar amount. In practice, reasonable fees usually reflect: The actual cost of third-party screening services, Internal administrative time for processing applications, Market rates for similar services in your area. Fees should be clearly disclosed, with an explanation of what services they cover. Boards should review fee schedules regularly to confirm that charges still match real costs and remain competitive within the local market.

How to Evaluate Tenants in Florida HOAs & Condos 2025

December 17, 2025

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