[ksanchez232]

My fiancée and I are in the market to purchase our first home in Miami and have been approved for an FHA loan for a specific property. I am 24 years old and she is 26 years old, and we are both of Hispanic background and both have clean records. The property is a short sale and our purchase has also been approved by the selling bank. The only thing holding up the purchase is the Homeowner's Association. We completed the application about a month ago and handed it, along with the application fee, to one of the Association's board members about a month ago. The board member promised us an interview with the President and/or the Board for acceptance into the Association and that we should be receiving a call within two weeks to set up the appointment. Three days ago, the check for the application fee was finally cashed, and then our Real Estate Agent received an email from the Association stating that we were rejected, but we have yet to meet with the Associaton, in fact we have not even received a phone call from them. When asked what the reasoning for the rejection, the Association refuses to give a response to both our Agent and us personally. My question is if we are entitled to a proper explanation as to why we were rejected, and if there is a posibility for a lawsuit citing Age Discrimination? I don't think I would have a strong case for Racial Discrimination since the property is in Miami and in a predominately Hispanic community, but argue that they are discriminating against our age because the community is of mostly older citizens and it is my belief that they are afraid to have a young couple enter the community and cause a bunch of noise and/or trouble, which we would bring none of. Also, I believe the promise of a meeting by the Board member, and not following through with it would be a breach of verbal contract by the Association. I will appreciate any responses that you could provide. Thank you.

[ScottGem]

You need to obtain a copy of the by-laws of the HOA. Their By-laws will dictate whether they can reject you without an interview or whether they are required to give a reason.

I would contact a lawyer familiar with discrimination in real estate. A letter may be just what is needed to get the HOA board to back off for fear of a law suit.

As for the verbal contract, sorry that won't fly.

If it is an older community, could there be age restrictions? Many communities that cater to an older crowd do have minimum age requirements. It may be a form of age discrimination, but not necessarily an actionable one. For example, at your ages, you could be expected to have children and the residents may not want children living there. I believe that would be a legally acceptable reason.

[AK lawyer]

... I don't think I would have a strong case for Racial Discrimination since the property is in Miami and in a predominately Hispanic community, ...

But are there Hispanics in the area covered by the HOA?