Can the HOA Board Require All Tenants to Undergo Background Checks?

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I am a member of a condominium board in Chicago, IL. Recently, we noticed that several owners rented without regards for the security of other owners and renters (occupants). Can we now require every tenant (and possibly all occupants) to provide background checks, or at least that they must let other residents/occupants know who their neighbors are? We are very concerned about security and not knowing who lives next door.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Community security is certainly a valid concern. The question is how, procedurally, you can impose this additional responsibility on the owners. The answer to that question generally lies in your condo documents.

If there isn’t already a procedure in place to impose requirements for renters, then you will need to amend the documents to allow for one. The amendment process is usually set out in the documents themselves, but be prepared to hire an attorney to help you with this, as it is usually difficult enough to do that you want to get it right the first time.



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Author: House Attorney