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Old 09-21-2017, 10:54 PM
 
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I was reviewing the condo rules for a condo I am planning to buy as an investment, and it says that owners are not allowed to rent units to tenants with children under the age of 18. Basically, no minor children of tenants can live in the unit. Is this legal to do? To not allow a tenant's child to live in the ​unit? Any lawyer or someone with experience on this issue that can respond? Thanks!
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Old 09-22-2017, 01:12 AM
 
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Is it a HOPA community? If so they fall under different rules and age discrimination is allowed.
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Old 09-22-2017, 05:42 AM
 
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Quote:
Originally Posted by aridon View Post
Is it a HOPA community? If so they fall under different rules and age discrimination is allowed.
That would be the only allowable exception, if it’s a designated 55+ community.
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Old 09-23-2017, 12:08 AM
 
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Sorry I wasn't clear. No, it is not a 55+ building. According to the condo rules the children of unit owners are allowed to live in the unit, but the unit cannot be rented to people with minor children to live in the unit.
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Old 09-23-2017, 05:31 AM
 
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Personally I think it's discriminatory under fair housing laws, but I'm not a lawyer. Suggest you consult with one before making a purchase to be sure. Where they might have a case is if they wanted to limit the # of occupants to ensure the sewage system doesn't overflow, etc. but this to me seems like the classic case of older people not wanting to hear children running around.
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Old 09-23-2017, 06:50 AM
 
Location: Lakewood NJ/Murrells Inlet SC/ N. Naples FL/Swainton NJ
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Apparently there can be stricter rules for renters in many communities. In ours renters cannot have pets.
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Old 09-23-2017, 11:07 AM
 
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Originally Posted by tmozer View Post
Apparently there can be stricter rules for renters in many communities. In ours renters cannot have pets.
Pets aren’t covered by fair housing laws, although if it’s an assistance animal it’s allowed under ADA.

Think of it this way - what if the board banned people over the age of 58 instead of under 18? Wouldn’t that be discrimination?
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Old 09-23-2017, 04:40 PM
 
Location: Lakewood NJ/Murrells Inlet SC/ N. Naples FL/Swainton NJ
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Well to be honest, I'd take pets over rugrats and teenagers any day. We raised three children with their friends and a neighborhood full of children. It was fine when we were in our 30's and 40's. Well, not exactly fine, but we could deal with it. Now that we are in our 60's (looking at "How terrible strange to be 70" for me), when we want to deal with children or teenagers, we will visit the grandchildren. In other words, I wish all of our communities where we have a home were over 55.
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Old 09-24-2017, 09:04 AM
 
Location: New England
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Yep they can legally do that. HOA rules fall under different rules than a regular complex. They can pretty much set any rules they want for the association. If they wanted no red cars then they can put that in there. Our HOA was impossible, they literally told me to take the kids outside the complex to an open field and let them play there but not within the community. Even though open area was deemed public space. They would get on people for anything. Chalk on the sidewalks, kids outside after 6, kids toys left out over night on the porch, kids outside during school hours (which was impossible for us as we are homeschoolers). I pretty much told them if they don't like it to switch to being a 55+ community or suck it up and deal with it.
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Old 09-24-2017, 10:10 AM
 
Location: Mtns of Waynesville,NC & Nokomis, FL
4,786 posts, read 10,597,987 times
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Chapter 718, FL Condo law...
& Chapter 720, FL SFHs HOA law:

Statutes & Constitution :View Statutes : Online Sunshine

Statutes & Constitution :View Statutes :->2016->Chapter 720 : Online Sunshine

No lawyer, but having been Sec and Prez on our Naples HOA for several years, and having had a good working relationship with a very helpful/knowledgeable HOA Mgmt lawyer on our Mgmt staff, I learned a lot about those Chapters, esp 720.

The statutes 'flow down' and provide the basis and 'power'/enforcement for each community's/HOA's set of Documents.
GL, mD
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