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Broward condo association requiring individual application for LLC-owned unit

I recently acquired a condo unit through an HOA foreclosure auction. The successful bidder/purchaser was an LLC, and title is being held in the LLC’s name.

The association’s purchase application appears to be designed for an individual and requests extensive personal information (SSN, driver’s license, paystubs, personal tax returns, etc.). I have asked the association how an LLC purchaser should complete the application. Their response has been: “Any individual related to the LLC must complete an application and go through the Association's approval process.”

** Can a Florida condominium association require the individual member/manager of an LLC that acquired the unit at an HOA foreclosure sale to submit to its individual approval process and provide personal financial information? **

If so, is this generally controlled by the declaration/bylaws, and what authority should I be looking for?

Any insight from attorneys or foreclosure professionals who have dealt with LLC purchasers would be appreciated.

Posted 4 hours ago
  
  
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Answers


Not allowing corperate ownership is a super common hurdle when taking title as an entity at the county foreclosure auctions.

The short answer is: Yes, the association can require the managing members to go through the personal approval process, but ONLY if their specific governing documents give them that power.

Here is how it actually works on the ground in Florida:

1. Occupancy vs. Ownership
You need to clarify with the board whether they are asking for this because they assume a member of the LLC is moving in. Many Declarations distinguish between holding title and physically occupying the unit. If the LLC is just holding title for investment purposes and the unit will be rented out, the docs might only require the tenant to be screened and approved, while the LLC just provides basic corporate registration docs.

2. The "Institutional" Loophole
You might see a clause in the docs that says buyers from a foreclosure sale are exempt from the approval process. Unfortunately, that almost always only applies to an Institutional First Mortgagee (i.e., the bank taking the property back). As a third-party investor buying at the HOA auction, you are treated as a standard purchaser.

3. Check the "Transfers" and "Leasing" Sections
You need to pull the current Declaration and Bylaws and read the sections on "Transfers," "Sales," and "Leasing."

Corporate Purchaser Clauses: Well-drafted docs will explicitly state that if an LLC buys a unit, the entity must designate a "Primary Occupant" and/or the managing members must submit to the standard financial screening to ensure the LLC isn't just a shell company.

If this is in the docs, you have to play ball.

Waiting Periods for Rentals:
Check if the building has a restriction that prohibits renting the unit for the first 1-2 years of ownership. If they do, the board might be trying to force you into the "owner-occupant" screening box because they know you can't place a tenant right away.

If it's silent: If the documents only reference screening "the buyer" and have zero language about corporate entities or piercing through to the members, the board is likely overstepping its authority.

Your Next Step

Tell the property manager that the LLC is holding title for investment and ask them to point you to the exact page and paragraph in the Declaration that authorizes them to require personal financial info from the members of a corporate titleholder who won't be occupying the unit. If they can't produce it, you may need a quick letter from a real estate attorney reminding them that the LLC is the legal purchaser and their documents don't authorize piercing the corporate veil for this application.

Good luck with the new unit! Let us know how the board responds.

Posted 2 hours ago
  
  
Damon Simons
241 × 5 Administrator
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1 Answer
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