05/25/2026
Did you know?
Under Florida Statutes Chapter 718, condominium associations have no inherent right to refuse a unit sale, but they may legally do so if their governing documents (the Declaration of Condominium and Bylaws) explicitly grant them the "Right of Approval" or "Right of First Refusal".
When a Board Can Legally Deny a Sale:
Consistent Criteria:
The association must apply objective screening criteria evenly to all buyers (e.g., minimum credit scores, background checks).
Disallowed Buyers: Associations generally deny buyers for legitimate risks like a recent felony conviction involving dangerous activity, failure to submit a complete application, or documented history of rule violations in a prior community.
Financial Delinquency: Boards routinely block sales if the current owner owes outstanding assessments, fines, or fees to the association.
Right of First Refusal: If a condo board rejects an otherwise qualified buyer, the governing documents may dictate that the association must step in and purchase the unit themselves at the exact same price and terms offered by the buyer.
What the Law Strictly Prohibits:Discrimination: A refusal can never violate the Federal Fair Housing Act. Associations cannot reject buyers based on race, color, religion, s*x, national origin, familial status, or disability.
Arbitrary or Unwritten Rejections: Rejections must rely on legitimate, written rules. An arbitrary denial with no articulated, defensible reason opens the association up to discrimination or retaliation lawsuits.If you are an owner facing an improper rejection or are a board navigating a unit transfer, review your governing documents or consider consulting a Florida Real Estate Attorney to challenge the board's decision or verify compliance with state laws.
