NSU Prof's Widow Sues Condominium Association & Management Company
The Miami-Herald reported a story about the widow of the Nova Southeastern University.jpg)
professor that was attacked and killed in his Plantation home. She filed a civil lawsuit Friday alleging negligence by the management company and condominium association - she claims those entities were supposed to conduct background checks on tenants.
The article quotes the attorney for the widow who said ``They certainly did not meet up to their obligations concerning a proper background check as well as an approval of Randy W. Tundidor,'' Williams said. ``A very simple check would show evictions and the like.''
Tenant background checks are not required by state condominium law. In fact, an association can only perform a background check if such action is authorized by the governing documents. In this particular matter, the tenants resided in a townhome condominium owned by the slain professor. The professor and his family did not reside in the same complex, so its hard to understand how the condominium association (or its management company) would have been able to prevent these individuals from allegedly driving over to his house, allegedly entering his house and engaging in the alleged attack.
Even if the "simple" background check did show past evictions and the like, the condominium association and its management company are specifically prohibited from sharing that information with the landlord/owner. Section 718.111(12), Florida Statutes prohibits the association from sharing any information obtained in connection with its investigation of a proposed tenant. That statute also prohibits the board from sharing social security numbers, credit card numbers, credit history reports or "any personal identifying information" with the members. Federal laws likewise prohibit disclosure of credit and other background information.
What happened to the professor is a tragedy. How anyone could commit such a heinous crime is beyond me, especially if what has been alleged is true and the whole dispute involves payment or non-payment of a security deposit and/or maintenance of the rented property.
That being said - was this murder the condominium association's fault? Was it the management company's fault? I hope you agree that the condominium association and management company should not be held liable for this tragic loss.
"Take-aways" for community leaders and managers:
- Make sure the governing documents of the community specify that any information obtained in a background investigation cannot be shared;
- Make sure the governing documents advise the owners that any investigation or background checks are solely for the benefit of the association (as the association cannot act as a guarantor);
- If the community does engage in background checks, make sure those documents are safeguarded and the governing documents authorize the board of directors to reject certain applications for tenancy approval based upon articulated justifications; and
- Review transfer approval procedures with association counsel - you may be surprised to learn your community does not have many options, even if the applicant does not seem 'suitable' for one reason or another.
Finally, speak to your legal counsel and perhaps insurance professional if crimes have been committed within the community. You may have options to improve community safety while limiting the association's exposure to liability - all at the same time.
It is not clear in this article whether the property was rented by the owner, the association, or the management company. What are the ramifications if the association or the management company was also serving as the rental agent?
RESPONSE: Acting as rental agent carries certain responsbilities. Licenses are required some of the time. A management company can elect to take on additional responsibilities, subject to its contract with the association.
This has become a very common practice by the families of those deceased. I have seen this a few times already this past year. I do not believe the Association is at all responsible, unless the death was caused by association negligence to maintain property and such. The only party responsible here is the murderer.
RESPONSE: Agree.
Could you please clarify:
If a Management Company, on behalf of the Association (which is authorized to do so in the governing documents) undertakes a background check (credit and criminal) to verify a potential tenant for one of the Owners units can that resulting information be shared with the owner who submitted this application in the first place?
Your comments seem to imply that information cannot be shared with the landlord/owner. However, since the landlord/owner also has to make his/her own decision it really does not make sense that the landlord/owner completes their own credit and criminal check - that would only result in a negative impact to the applicants credit score.
Could you please clarify
Thanks
RESPONSE: The condominium act prohibits the board from sharing any of the information obtained in connection with the approval of a sale or lease. Please review Section 718.111(12), Florida Statutes.