Can a Tampa HOA or Condo Association Approve or Reject Your Tenant?
by Platuni | 06 Oct, 2026 | 5 mins read
Platuni
06 October, 2026
5 mins read
1. The approval right has to come from the declaration, not the statute
For a condo, Section 718.104(5) lets a declaration include covenants restricting the use, occupancy, and transfer of units, which is the legal hook an association uses to claim lease-approval authority in the first place. Section 718.116(4) then limits what that approval process can turn on: a unit owner's assessment delinquency at the time approval is sought is an expressly valid ground, alongside other lawful criteria the declaration sets, applied consistently and without discrimination.
Chapter 720 contains no equivalent provision. An HOA's power to approve or reject a tenant, where it exists at all, comes entirely from the community's own declaration and bylaws, under the general grant in Section 720.303(1) that an association's powers include what the governing documents set out. There is no HOA-specific statute naming assessment delinquency or any other ground as presumptively valid the way Section 718.116(4) does for condos.
2. No statutory clock, except for one kind of applicant
Outside the servicemember rule below, neither Chapter 718 nor Chapter 720 sets a deadline for how fast an association has to approve or deny an ordinary tenant application. A board can take as long as its own bylaws or informal process allows, which in practice means a landlord's timeline depends entirely on how that specific association runs its approval meetings or committee reviews.
Section 83.683 is the exception, and it's a narrow one. A prospective tenant who is a servicemember, active duty, state active duty, Florida National Guard, or U.S. Reserve, must get a written approval or denial within 7 days of submitting the application, with a stated reason if denied. This applies the same way across a condominium association, a cooperative association, and a homeowners' association, and the deadline cannot be waived or modified by agreement under any circumstances.
3. Missing the servicemember deadline has a real consequence
Section 83.683 doesn't just set a deadline; it attaches a specific outcome to blowing it. If the association doesn't deliver a timely denial, the landlord must lease the unit to the servicemember applicant, provided the rest of the application and lease terms are satisfied. There's no equivalent "deemed approved" rule for a non-servicemember applicant under either Chapter 718 or Chapter 720; for everyone else, a slow or non-responsive board simply delays the move-in rather than losing its say.
4. What the association can collect, and what happens to it afterward
Chapter 718 doesn't specify a fixed list of documents an association must or may request for lease approval beyond what the declaration sets, but the fee and deposit rules that apply at move-in give a sense of the paperwork load: an application, a per-applicant fee capped at $150, and sometimes a security deposit. For HOAs, Section 720.303(5)(g) adds a protection most generic guidance skips: information an association obtains in connection with approving a lease, sale, or other transfer is confidential, and cannot be accessed by other members of the association.
That confidentiality rule matters for a landlord handing over a tenant's financial or background information during the approval process. It isn't a guarantee of privacy from the board itself, but it does mean a curious neighbor on the same HOA's board of directors doesn't automatically get access to a tenant's screening file just by virtue of also being a member.
5. Discrimination voids the "lawful criteria" defense entirely
Both statutes let an association apply its own lawful criteria to an approval decision, but that permission has a hard ceiling. Section 760.23 makes it unlawful to refuse to rent, or otherwise make a dwelling unavailable, because of race, color, national origin, sex, disability, familial status, or religion, along with related protections for pregnancy and those pursuing custody of a minor. A declaration provision that reads as neutral on its face doesn't survive if it's applied in a way that tracks one of these categories.
6. Condo and HOA tenant-approval authority, side by side
| Condo (Chapter 718) | HOA (Chapter 720) | |
|---|---|---|
| Statutory source of approval authority | §718.104(5), declaration must grant it | No equivalent statute; declaration only, per §720.303(1) |
| Delinquency as a valid disapproval ground | Expressly named | Not addressed by statute |
| General response deadline for an ordinary applicant | None | None |
| Servicemember applicant deadline | 7 days, non-waivable | 7 days, non-waivable |
| Consequence of missing the servicemember deadline | Landlord must lease to the applicant | Same |
| Confidentiality of approval-related information | Not specifically addressed | Confidential from other members, §720.303(5)(g) |
| Discrimination-based denial | Unlawful | Unlawful |
7. Records to keep during tenant approval
Keep the submitted application with its date stamp, since that date starts the 7-day servicemember clock if it applies, and nothing else in either statute runs on a fixed deadline. If the association denies an application, keep the written reason it gave, since a reason that doesn't trace to the declaration or to a specific lawful ground is the kind of denial worth challenging. If a tenant identifies as a servicemember, document that fact and the date clearly enough to prove the clock, since a late denial only matters if the submission date is on record.
Substantive review means an editor or reviewer checked this article against the current statute text. Whether a specific Tampa association has lease-approval authority at all, and what grounds it may use beyond assessment delinquency, depends entirely on that community's declaration; verify the current language with the managing agent or a Florida community association attorney before relying on this for a specific application dispute. This is general information, not legal advice. Corrections: compliance@platuni.com
Frequently asked questions
Can my Tampa HOA reject a tenant for any reason it wants?
No. Even where the declaration grants approval authority, the association cannot use a protected characteristic like race, familial status, or disability as the real basis for denial, regardless of what reason it states.
How long does a Tampa condo or HOA have to approve or deny my tenant's application?
There's no general statutory deadline for most applicants; it depends on the association's own process. The one exception is a servicemember applicant, who must get a written answer within 7 days.
What happens if the association misses the 7-day deadline for a servicemember applicant?
The landlord must lease the unit to that applicant if the rest of the application and lease terms are satisfied, since the association loses its chance to deny after that point.
Can a condo association reject my tenant just because I owe assessments?
Yes, if the declaration authorizes lease approval at all; delinquency is an expressly valid ground under the condo statute. There's no equivalent statute naming this ground for HOAs.
Who can see the financial information my tenant submits to the HOA for approval?
For an HOA, that information is confidential and other members of the association cannot access it, though the board and management handling the approval still do.
Stay Informed
Subscribe to the Platuni B2B Newsletter to receive industry insights,
new feature announcements, and exclusive growth reports