Florida law on condo rules for rentals

[Sandra Cressey]

 I was reviewing the condo rules for a condo I am planning to buy as an investment, and it says that owners are not allowed to rent units to tenants with children under the age of 18.  Basically, no minor children of tenants can live in the unit. Is this legal to do? To not allow a tenant's child to live in the unit? Any lawyer or someone  with experience on this issue that can respond? Thanks!

[Joel F.]

Sandra Cressey if the condo your buying is a 55+ community then you should read about the The Housing for Older Persons Act (HOPA) is an exception that allows communities to operate as “55 or over” housing. They have restrictions on age.

If the condo you looking to buy does not have an age restriction then you should consider reading Fair Housing Act – in Florida Chapter 760 of the Florida Statutes is dedicated to discrimination issues that expand the protection to age and marital status. The term ‘familial status’ generally refers to occupancy by children (person under 18) with parent, guardian or designee of the parent.

Hope my information helps.