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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7210
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Bylaws single family residence, Port Charlotte Fl 33952 zip

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Bylaws single family residence
JA: Where is the property located?
Customer: Port Charlotte Fl 33952 zip code
JA: Has any paperwork been filed?
Customer: Only front office made a note to fix issue pretty much. But a treasury on board since 55 community was nosey and the man said he was renting a room to him. But now he doesn't say anything to him and he keeps trying to personally deliver messages. The man is black and so is the man living in condo who was approved to live there. Why can't I get around this hoa condo by saying he is a Roomate. They said if was gay or if filled application out at same time would have been different.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Hoa bylaws or is it possible to get away with this by saying there Roomates and them accepting him even though they say that hoa bylaws say single family residence
Customer: replied 7 months ago.
Leasing also stTes entire u it may be rented provided the occupancy is only for lesser and his family his serve ya nurses housekeepers and guests. The another paper says unit shall be for single family residence only
Customer: replied 7 months ago.
Hello
Customer: replied 7 months ago.
This is crazy no one is here

Welcome and thank you for your question. I will be the professional that will be assisting you.

My apologies, every time you post a response the system kicks off the Attorney's response.

Customer: replied 7 months ago.
Hi
Customer: replied 7 months ago.
Are you familiar with hoa tenant and landlord laws

Yes, I have been practicing law in multiple jurisdictions as well as Federal Court for 28 years.

Thank you for your patience. These HOA's can be a nightmare. You will want to file a Housing Discrimination complaint.

Customer: replied 7 months ago.
Have you heard of the term single family residence
Customer: replied 7 months ago.
Did you read my text above what is happening.
Customer: replied 7 months ago.
Hoa have bylaws etc. they state single family residence. No other definition. I looked online and it shows its been fought in court that hoa defined it family only. Not Roomates

Yes, I have been working in this area of law or decades. am familiar with all the terms, I have drafted and reviewed countless bylaws and worked for the government as well as zoning and land use for all types of real property.

Customer: replied 7 months ago.
what are you saying that the hoa can not define a family and that Roomates can legally live there

What I am saying is they must be consistent in the definition. You stated there was ambiguity in the bylaws. Ambiguity goes against the HOA.

So they can define it but the better stick with one definition.

Customer: replied 7 months ago.
Well I looked it up online I can send u link they said if it don't have extra definition then it is single family residence meaning family only

This is called selective enforcement when there are differing standards in the same HOA.

Single family does not mean related parties only unless it is stated as such.

Customer: replied 7 months ago.
when they told me gay people could live together but no Roomates. Am I allowed Roomates to live there how can I make it so they accept application and will let me rent to two Roomates

Can you attach the language?

Customer: replied 7 months ago.
one second

When you are allowing caretaker and other persons to be part of a household the HOA needs to be very careful in their definitions and enforcement.

Customer: replied 7 months ago.
Leading an entire unit may be rented provided the occupancy is only by the lesser and his family, his servents , nurses, housekeepers and guests and the term of lease is not less than 3 months. Then on other page single family residence the unit shall be used for single family residences only
Customer: replied 7 months ago.
See

Ugh I cannot tolerate HOA's dictating people's use of their property. Let me take a look.

Let me tell you what is the most idiotic issue with this language. "GUESTS" and other non family members are allowed so you are correct they have no coherent definition. This is selective enforcement.

Customer: replied 7 months ago.
When I go into condo office a lady running it isn't even the main boss so she enforces it

You are using this as a single family residence as opposed to a business or other use.

You want to bring this to the attention of the Board. That is their job.

You are also not using this as a group home.

"The Fair Housing Act Rules

If your association is considering limiting the number of occupants in its units, you must first understand the Fair Housing Act. "The Fair Housing Act makes it unlawful to discriminate on the basis of familial status, meaning whether there are children 18 and under residing at the property," explains ***** *****, a shareholder and head of the community associations practice at the law firm of LeClairRyan in Williamsburg, Va. "Unless you're in a 55-and-over or 62-and-over-qualified association, you have to make sure you're not violating restrictions against discrimination on the basis of familial status."

The key is reasonability—you have to have a reasonable basis for implementing any occupancy rule. "Clearly, if an association is imposing occupancy restrictions as a way to prohibit having families, that's a mistake," says Donna DiMaggio Berger, managing partner at Katzman Garfinkel in Ft. Lauderdale, Fla., who represents community associations. "If your community is mostly older people, but it's not a 55-and-over- or 62-and-over-qualified association and you state that no more than three people will be allowed to live in a two-bedroom unit, what's the reasonable basis for that rule? It might just be a veiled attempt to keep out families. On the other hand, restricting residency to two occupants per bedroom isn't so unreasonable."

Knowing What's Reasonable

What are valid reasonable bases for imposing occupancy restrictions? "You can state that you're restricting the number of residents based on securing the property or safety issues," says Kristen L. Rosenbeck, a partner at the Mulcahy Law Firm PC in Phoenix, which represents associations. "So you can say, 'We believe that in a one-bedroom unit, there can't be 10 residents because of the strain on the community and the safety issues implicated in having so many people in one unit.'"

The most defensible restrictions are those tied to the number of bedrooms or square footage of each unit, explains Berger. "If it's an 800-square-foot unit with two bedrooms, you can make an argument that you have a reasonable basis to say no to six residents," she says. "It's a fire hazard, a drain on common resources, or something similar."

In other words, though you can't impose a rule banning families with more than four children, you can probably achieve the same goal by stating that there can be no more than two residents per bedroom. So in a one-bedroom unit, the total number of residents could be two. In a three-bedroom unit, the total number of residents would be six." https://www.hoaleader.com/public/342.cfm

You have a fair housing complaint.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please let me know if you were unhappy with my service and I will opt out for another Attorney to assist you. Thank you for using JA! We appreciate your business.
Customer: replied 7 months ago.
It's 55 or older one person only must be

You cannot discriminate on familial status. You can have age restrictions.

The language with regard to 55 and older merely states "Unless you're in a 55-and-over or 62-and-over-qualified association, you have to make sure you're not violating restrictions against discrimination on the basis of familial status."

Customer: replied 7 months ago.
who do I need to contact to help me without hirin a Lawer

I would file a housing discrimination complaint and contact the State at http://www.myfloridalicense.com/dbpr/lsc/LSCMHContactDivision.html

Customer: replied 7 months ago.
The board is who is all I can talk to there board members

This is the Board's Duty.

Thank you for using JA. If you would be kind enough to rate my service so the site will credit me for my time and work I would appreciate it.

Do you have any additional questions for me?

Customer: replied 7 months ago.
I have a pic they sent me today
Customer: replied 7 months ago.
They wrote a note not from a Lawer saying we belive your renting your condo not by the bylaws and if you don't fix issue immediately we will take legal action and remove your car tow it.

Please file a fair housing complaint and contact the State.

Customer: replied 7 months ago.
What state number

Contact the State at http://www.myfloridalicense.com/dbpr/lsc/LSCMHContactDivision.html

Customer: replied 7 months ago.
Also why can come hoa keep out say for example two college students cause they want only family

There are also Attorneys that provide FREE in person consultations in your area if you would like a link?

They can have a 55 and older community they cannot discriminate based on familial status.

Customer: replied 7 months ago.

I am sorry I though I provided the law. One moment please.

Customer: replied 7 months ago.
Do u have a office in Florida
quot;The Fair Housing Act RulesIf your association is considering limiting the number of occupants in its units, you must first understand the Fair Housing Act. "The Fair Housing Act makes it unlawful to discriminate on the basis of familial status, meaning whether there are children 18 and under residing at the property," explains ***** *****, a shareholder and head of the community associations practice at the law firm of LeClairRyan in Williamsburg, Va. "Unless you're in a 55-and-over or 62-and-over-qualified association, you have to make sure you're not violating restrictions against discrimination on the basis of familial status."The key is reasonability—you have to have a reasonable basis for implementing any occupancy rule. "Clearly, if an association is imposing occupancy restrictions as a way to prohibit having families, that's a mistake," says Donna DiMaggio Berger, managing partner at Katzman Garfinkel in Ft. Lauderdale, Fla., who represents community associations. "If your community is mostly older people, but it's not a 55-and-over- or 62-and-over-qualified association and you state that no more than three people will be allowed to live in a two-bedroom unit, what's the reasonable basis for that rule? It might just be a veiled attempt to keep out families. On the other hand, restricting residency to two occupants per bedroom isn't so unreasonable."Knowing What's ReasonableWhat are valid reasonable bases for imposing occupancy restrictions? "You can state that you're restricting the number of residents based on securing the property or safety issues," says Kristen L. Rosenbeck, a partner at the Mulcahy Law Firm PC in Phoenix, which represents associations. "So you can say, 'We believe that in a one-bedroom unit, there can't be 10 residents because of the strain on the community and the safety issues implicated in having so many people in one unit.'"The most defensible restrictions are those tied to the number of bedrooms or square footage of each unit, explains Berger. "If it's an 800-square-foot unit with two bedrooms, you can make an argument that you have a reasonable basis to say no to six residents," she says. "It's a fire hazard, a drain on common resources, or something similar."In other words, though you can't impose a rule banning families with more than four children, you can probably achieve the same goal by stating that there can be no more than two residents per bedroom. So in a one-bedroom unit, the total number of residents could be two. In a three-bedroom unit, the total number of residents would be six." https://www.hoaleader.com/public/342.cfm
Customer: replied 7 months ago.
I need other legal paper work done if your local
Customer: replied 7 months ago.
I have another condo. They limit it in definition saying no more then 2 unrelated people. So that is legal when they do that vs what this condo did

Pursuant to the terms of service the Attorney on the site can provide general information, we cannot create an Attorney/Client relationship with a customer.

Customer: replied 7 months ago.
Oh. Ok.

You have a fair housing issue. You need to file a complaint. They can limit how many people reside in a unit if there is a good reason such as size of the unit but they cannot discriminate based on "familial status"

Customer: replied 7 months ago.
Familia status is like blood related etc one condo does have it written in rules saying only two unrelated adults but explains definition well. What's number to call I got a oage of the law page. What's contact info

The law page sets out several attorneys.

The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please let me know if you were unhappy with my service and I will opt out for another Attorney to assist you.

Thank you for your consideration.

Customer: replied 7 months ago.
How do I file complaint with a Lawer or a number to a office
Customer: replied 7 months ago.
I'm happy with service
Customer: replied 7 months ago.
I don't know number for board to file complaint isn't it free to file complaint

You have to rate the service at the top of the page on your end. I gave you the link to file a fair housing complaint which you can do online.

As the management office for the board contact information.

Attyadvisor and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 7 months ago.
Ok
Customer: replied 6 months ago.
I have another question
Customer: replied 6 months ago.
Do you answe question about legally u rent land own mobile home. In park can they legally say if someone has bad credit they can't rent your mobile home u own but pay lot rent on.

Thank you for your question. This question would fall under a new question pursuant to our terms of services. If you would be kind enough to open a new question it will be my pleasure to assist you.

Thank you for your patience and understanding.