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RPPTL Real Estate Leasing Committee

[RPPTL LandTen] Not Lease Related but hoping someone has an answer

Law Offices of Scott A. Frank P.A

Sun, Nov 6, 2016 4:20 PM

Sorry to use this forum, but I have a client question related to home sales,
and this is the broadest Florida-based forum I have. So please forgive me
for asking as follows:

Client selling home governed by HOA covenants. Covenants say that a sale
may be disapproved by the HOA for a number of reasons, including if buyer is
putting less than 10% down. Buyer is obtaining VA loan and putting 4% down.
HOA rejected outright, without requesting financial or income information.
Any case law or other guidance on this? My belief, based on experience in
other realms, is that since the documents says "may", the board must use
reasonable discretion in applying the standard.

Any thoughts? Thanks.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

5301 N. Federal Highway, Suite 170

Boca Raton, FL 33487

p: (561) 826-5400

f: (561) 423-5721

mailto:sfrank@saflaw.com sfrank@saflaw.com

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cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

Sorry to use this forum, but I have a client question related to home sales, and this is the broadest Florida-based forum I have. So please forgive me for asking as follows: Client selling home governed by HOA covenants. Covenants say that a sale may be disapproved by the HOA for a number of reasons, including if buyer is putting less than 10% down. Buyer is obtaining VA loan and putting 4% down. HOA rejected outright, without requesting financial or income information. Any case law or other guidance on this? My belief, based on experience in other realms, is that since the documents says "may", the board must use reasonable discretion in applying the standard. Any thoughts? Thanks. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 5301 N. Federal Highway, Suite 170 Boca Raton, FL 33487 p: (561) 826-5400 f: (561) 423-5721 <mailto:sfrank@saflaw.com> sfrank@saflaw.com If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Roland Waller

Sun, Nov 6, 2016 8:18 PM

You might try the Condominium Committee blog. It is very active. It is dominated by Home Owner Association Attorneys so you might not receive an objective opinion.

Thank You,
Roland "Chip" Waller
Esquire
Direct: 727-836-8515
Office: 727-847-2288
Fax: 727-848-4183
Roland.Waller@rdwaller.com mailto:Roland.Waller@rdwaller.com

[cid:image005.png@01D22FA5.10A05CE0]
Florida Bar Board Certified Real Estate Attorney
Fellow, American College of Real Estate Lawyers

[cid:image002.jpg@01D22F9F.E02E1E30] [cid:image003.png@01D22F9F.E02E1E30] [cid:image006.jpg@01D22FA0.06763A50]

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank P.A
Sent: Sunday, November 06, 2016 11:21 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Not Lease Related but hoping someone has an answer

Sorry to use this forum, but I have a client question related to home sales, and this is the broadest Florida-based forum I have. So please forgive me for asking as follows:

Client selling home governed by HOA covenants. Covenants say that a sale may be disapproved by the HOA for a number of reasons, including if buyer is putting less than 10% down. Buyer is obtaining VA loan and putting 4% down. HOA rejected outright, without requesting financial or income information. Any case law or other guidance on this? My belief, based on experience in other realms, is that since the documents says "may", the board must use reasonable discretion in applying the standard.

Any thoughts? Thanks.

Scott A. Frank
Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.
5301 N. Federal Highway, Suite 170
Boca Raton, FL 33487
p: (561) 826-5400
f: (561) 423-5721
sfrank@saflaw.com mailto:sfrank@saflaw.com

[https://www.starslink.com/assets/AuthorizedAgentBadge.png]

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

You might try the Condominium Committee blog. It is very active. It is dominated by Home Owner Association Attorneys so you might not receive an objective opinion. Thank You, Roland "Chip" Waller Esquire Direct: 727-836-8515 Office: 727-847-2288 Fax: 727-848-4183 Roland.Waller@rdwaller.com<mailto:Roland.Waller@rdwaller.com> [cid:image005.png@01D22FA5.10A05CE0] Florida Bar Board Certified Real Estate Attorney Fellow, American College of Real Estate Lawyers [cid:image002.jpg@01D22F9F.E02E1E30] [cid:image003.png@01D22F9F.E02E1E30] [cid:image006.jpg@01D22FA0.06763A50] This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank P.A Sent: Sunday, November 06, 2016 11:21 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Not Lease Related but hoping someone has an answer Sorry to use this forum, but I have a client question related to home sales, and this is the broadest Florida-based forum I have. So please forgive me for asking as follows: Client selling home governed by HOA covenants. Covenants say that a sale may be disapproved by the HOA for a number of reasons, including if buyer is putting less than 10% down. Buyer is obtaining VA loan and putting 4% down. HOA rejected outright, without requesting financial or income information. Any case law or other guidance on this? My belief, based on experience in other realms, is that since the documents says "may", the board must use reasonable discretion in applying the standard. Any thoughts? Thanks. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 5301 N. Federal Highway, Suite 170 Boca Raton, FL 33487 p: (561) 826-5400 f: (561) 423-5721 sfrank@saflaw.com<mailto:sfrank@saflaw.com> [https://www.starslink.com/assets/AuthorizedAgentBadge.png] If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.