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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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We live in a condominium in Florida. There is no provision

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We live in a condominium in Florida. There is no provision in the condominium documents that prohibit an owner from having children. We recently had a contract to sell our condominium and the association board of directors denied the sale based on children. My understanding Florida law prohibits this action. I am told that until I sell my condominium I have no "loss" and thus a lawsuit at this time is without merit. I feel I have suffered damages in the amount of the denied sale plus on going condominium expense. Do I have grounds at this time to sue for the sale price and expenses?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

It's a violation of the Fair Housing Act to deny a sale based on a person's familial status - the family that sought to buy the unit could sue the condominium for damages, if they are aware as to why they were declined. You could also get sued if the HOA requires you to reject offers from all families with children. For that reason alone, you can go to court and get a declaration that the HOA cannot interfere with sales based on the fact that a potential buyer has children.

It is true that you won't know with certainty what your damages are until the place is sold - that's because you don't know if you'll have one additional month of expenses or more. However, you can ask the judge to order them to pay you expenses from the date they declined the sale until the date of the judgment, at least.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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