I am currently trying to rent out my 2 bedroom /2 bath condo to this 2 guys that is currently renting a place within the same building. They expressed interest in renting my place and gave me a deposit. Unfortunately, when I approached the association about this decision, they told me that they will not approved this. The reason they gave me is that under the condo rules, our unit is strictly for single family purposes. They insisted that they are no roommate situation.

I have demanded an answer as to why they have approved them to stay in the other unit for more than six month in the first place. Their reasoning is they have made an error and they are rectifying it right now.

So my question is, does the association has the right to do so?

Please advice.

:confused:

From what I understand an association can make any rules they want.
I don't know if they are allowed to go against the fair housing act though.

Fair Housing Act
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

If they were a "couple" not two people, but with two people the issue of multi family dewling or rooming house status ca be an issue.

But if they have this in their rules, ask to see written documentation

Yes, they do have it written in the document that the condo is for single family dwelling. But how can they enforced this? If the 2 guys claimed that they are partner, can the association challenge that? Won't this become intrusion of privacy or sexual discrimination? How can an association prove they are not "partner".

Secondly, the association allowed them to live in another condo unit for 6 months without any legal action taken. How can they enforce it now when they are merely transferring their lease to my unit.

Thanks in advance for your advice.

If they say they are partners then they can get them for discriminating against homosexuals.
I believe that is covered in the fair housing act as well at least in some states.
I know it is discrimination in California

Hello ed:

Before I give you my advice, I must offer this disclaimer: I HATE HOA'S. THEY'RE NAZI'S.

Having offered the above, I'd rent it anyway, and tell the HOA to stick it. I'm sure they're used to most of the people kissing their butts. They may not know how to deal with someone who does what he pleases. Certainly, if they sue you, you'll mention the other rental, of course...

I LOVE doing what I please with my OWN property.

excon