Back in November 2013, I blogged about Homeowners Association Discrimination -associations potentially discriminating against prospective tenants. Recently Broward County passed an Ordinance that an association denying an approval must give a written reason. Hopefully, the affect of this Ordinance, at least in Broward, will keep associations honest in their reason for denial and better yet, limit denials that were previously discriminatory in nature. Here is a summary of that Ordinance.
ORDINANCE NO. 2013-29, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, RELATING TO THE HUMAN RIGHTS ACT; AMENDING SECTION 16½-35 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”) TO INCLUDE A PROVISION REQUIRING BOARDS SUCH AS CONDOMINIUM ASSOCIATIONS, HOMEOWNERS’ ASSOCIATIONS, AND COOPERATIVE ASSOCIATIONS TO PROVIDE WRITTEN NOTICE REGARDING THE STATUS OF AN APPLICATION TO RENT OR PURCHASE A DWELLING AND, IF THE APPLICATION IS DENIED, TO EXPRESSLY STATE IN WRITING THE REASON(S) FOR THE DENIAL.
Without the benefit of an ordinance like the above and if not making a discrimination claim against the association, if you believe that the association is acting unreasonably by withholding approval to the prospective tenant, the owner may have a claim against the association for not allowing the landlord to freely rent their unit (i.e. restraint on alienation).
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