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My son owns a condominium in Wincast arms north in pompano…

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My son owns a condominium...
My son owns a condominium in Wincast arms north in pompano Florida ... Board wants to deny his girlfriend from living there because of bad credit. Is this right or is it discrimination ??
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 7 minutes by:
2/14/2016
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,068
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is this right or is it discrimination ??

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These are two entirely different questions with different answers... Is it morally right to deny someone due to bad credit...maybe or maybe not. Credit can be an indicator of how responsible someone is financially which can then bleed over into other areas of their life, such as how they interact with others. But it also isn't a proven measure of a person's character.

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So it it right? ...that is a judgment call with no definite answer.

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Is it discrimination??... yes, definitely. But it is legal discrimination as long as the Board applies the same standards to everyone as there is no inherent right to not be discriminated against based on credit history. It is only illegal discrimination if she was discriminated against for being part of a protected class (gender, sexual orientation, age, disability, religion, national origin, etc).

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So they can discriminate against her legally as long as they tread everyone the same in a similar situation.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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Customer reply replied 2 years ago
even though my son owns the unit and it is paid for, they can deny his girlfriend to move in?
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

So even though my son owns the unit and it is paid for, they can deny his girlfriend to move in?

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Legally yes, if they have this in their Bylaws, which are the "laws" that govern the Association, and they state that someone can be denied permission to live there as a resident if their credit history is bad. He owns the unit and has the right to live there, but anyone who wasn't an owner doesn't have those rights and must ask permission from the Board if that is how they have it set up.

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But they can't just pick on the girlfriend, they have to apply this evenly to everyone who wants to live there. So son can request to see the Bylaw in writing that gives them the authority to deny her from living there. If they have it, then they can enforce it because every owner agrees to be bound by the rules when they buy a property there.

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If they don't have it in a written "law" then they can't arbitrarily make things up and then prohibit owners from having people live with them...

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thanks

Barrister

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Customer reply replied 2 years ago
I had 3 people on the board approve applications but There is a unit owner , not on the board.... Who does not like me and convinced 1 to change her decision.... Is there anything that I can do to help my sons girlfriend to be accepted?
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

I apologize for the delay, had to take wife out for the holiday...

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Is there anything that I can do to help my sons girlfriend to be accepted?

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From a legal perspective....no. But from a personal perspective...win over the person who doesn't like you and have them change their decision. It may seem like common sense, but that is all you can work with here since presumably the rules are set out in the Bylaws so they have the power to do what they are doing..

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thanks

Barrister

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Customer reply replied 2 years ago
Can I find a copy of the bylaws online or do I have to ask property manager for them?
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

No, they wouldn't be online unless they had been recorded and the local land records office has put them on a website. They aren't normally recorded like a deed, or CCRs, so you generally have to go through the Association Secretary or other officer to get a copy.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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