Can Condo bylaws limit the # of children?

Question

Can Condo bylaws limit the # of children?We have rented a 2 BR condo to a single mother and her 3 children. Now the Condo board is telling us that we have exceeded the maximum # of children per unit. Is that even legal? We are within the occupancy limit, so the rule seems discriminatory. Any advice?

Tyler Brown · Answer

Did you tell them the reason is because of the number of children? If so, cross your fingers that the tenant likes you and doesn't get the idea to go to an attorney, because that's how you wind up as a defendant in a federal civil rights lawsuit.

Mike Cumbie · Answer

@JJ Mayer,I'm not a lawyer, but I would stand up against the HOA on this one. At least get them to give you all the ammo/details in writing so they can share in the lawsuit that follows. Attend a board meeting and put them on the spot. Get them to have it in their minutes that a mother and 3 children are against policy but a mother/father and 2 children are acceptable. DISCLAIMER: Not legal advice.

Tyler Brown · Answer

So first, it's important to remember that just because something is discriminatory, that doesn't mean it's illegal. If own a business, and I decide one day that I hate people that drive blue cars, I'm free to fire any employee that drives a blue car. That's discriminatory sure, but also perfectly legal.As far as things that you can't discriminate against, the only protected class that applies to this situation is familial status. As a landlord, the Fair Housing Act prevents you from discriminating based on whether or not the applicant has children or is pregnant. This also means that you can't try and create a loophole around this by saying you'll only allow two people in a two bedroom apartment, or something similar, since that effectively excludes families.As a landlord, however, you are allowed to set reasonable occupancy limits for your units. Where is the line drawn though, between what is a reasonable limit, and what constitutes discrimination against families? Broadly speaking, according to federal law, you must allow at least two people per bedroom.So with that in mind, it does sound like your tenant is in compliance with this - one child shares a bedroom with her, and the other two get their own bedroom.I would bring this to the attention of your HOA. It doesn't matter what an HOA puts into its bylaws, it can't violate federal law anymore than you can. It is in your best interest to get them in agreement, because if they or you attempt to force the tenant out, they would have a decent case to take to a civil rights attorney.

Tyler Brown · Answer

A) Pet sizes and mailbox colors are not protected classes. There's nothing illegal about discriminating against them.B) Retirement communities are one of the only exceptions allowed to familial status protection. If a development is purely for senior citizens, then it can discriminate based on familial status. No other housing type can do this. Again, in your example no laws are being broken and this is not a parallel situation to the OP's.

Account Closed · Answer

Homeowner associations limit the number and size of pets too. Some mandate the color of your front door and mailbox. Retirement parks spell out the residents must be age 55+ except for visitors staying less than two weeks. There's all kinds of rules out there that exist until someone challenges them. You can hire an attorney but when you purchased the property, those rules were probably available for review (due diligence) and you probably signed off in agreement. Have you read them?Personally, I wouldn't rent a two bedroom to that many people. Kids grow fast and want their own space. Best of luck with your investment.

JJ Mayer · Answer

Thanks all for the great feedback and advice. We've decided to move out our tenant to maintain/build the relationship with the condo assoc (Taking the long view)Invest wisely!JJ

Thomas S. · Answer

Rules are rules, if the HOA has them in place you should resect your landlords wishes, legal or not.Fighting the system is a waste of time and effort and as a landlord yourself you need to operate within your landlords (HOA) guidelines. You should have known and followed the rules when approving your tenant. Work something out with the HOA to allow you the time to inform your tenant and give them time to move out.

Daria B. · Answer

Have a look at your condo regulations. They are what set the rules and you should have received these documents prior to buying.

Kim Meredith Hampton · Answer

@jj @JJ Mayer it is unfortunate that association do these kind of acts, I would think that their legal council would advise against breaking laws regarding fair housing. HUD stipulates 2+1 rule, meaning we could essentially have 5 people on a 2 bedroom. Does not matter the makeup of the people/occupants.I would call and consult with an attorney that handles HOA/COA work, they can certainly help and guide you in the right direction Good luck

​Can Condo bylaws limit the # of children?

Can Condo bylaws limit the # of children?